The STATE through Advocate General Khyber Pakhtunkhwa, Peshawar vs ARIF MOMEN Ss — 2022 MLD 617 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 617 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: The STATE through Advocate General Khyber Pakhtunkhwa, Peshawar vs ARIF MOMEN Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

The STATE through Advocate General Khyber Pakhtunkhwa, Peshawar VS ARIF MOMEN Ss.302 & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Delay of about ten days in sending the crime empties for analysis---Scope---Accused was charged for making firing upon the complainant party, due to which maternal uncle of complainant was hit and died---Record showed that three empties of 7.62 bore were recovered by the Investigating Officer while visiting the spot---Empties were sent to the Forensic Science Laboratory, where it was opined that all the three empties were fired from one and the same weapon---Empties were collected from the spot the same day but were received in the laboratory after 10-days of its collection, and the delay caused left unexplained---Prosecution failed to convince that the report with all the inherent defects could be taken against the accused, when the report had lost its efficacy to be considered as a valuable piece of evidence to facilitate in awarding conviction in offences entailing capital punishment, the same was not considered---Circumstances established that the prosecution failed to establish the charges against the accused through cogent, coherent and confidence inspiring evidence---Appeal against acquittal was dismissed, in circumstances. Head Notes

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