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ABDUR REHMAN vs State Ss — 2022 YLR 68 PESHAWAR-HIGH-COURT

Case information

Citation
2022 YLR 68 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
YLR
Parties
ABDUR REHMAN vs State 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

ABDUR REHMAN VS State Ss. 324 & 337-F(v)---attempt to commit qatl-i-amd, ghayr-jaifah-hashimah---appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---accused was charged for injuring the daughter of the complainant by firing---Motive for the occurrence was stated to be an altercation prior to the occurrence---Witnesses had contradicted each other on material aspects of the case---Injured witness stated that burst firing was made, whereas according to complainant the firing was sporadic---If it was accepted what the injured stated, then court was to believe that the accused after firing the initial rounds did not keep on firing and if the complainant was to be believed, then what a courage the lady had to walk towards the accused and for what purpose---Injured stated that after receiving firearm injury, the complainant without loss of time put her in a motorcar and left for the hospital, but her stance was contradicted by eye witness that after hitting his sister, he at once rushed towards his house while his father also came to the house---after 4/5 minutes they came out of their house and attended the injured---Injured stated otherwise that after sustaining injury she laid down on the ground and her father took her in his lap---Both the witnesses when were read together, it left no room to doubt that they fully contradicted each other---Circumstances established that the prosecution could not succeed in bring home guilt of the accused---appeal against conviction was allowed, in circumstances. Head NotesCase Description

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