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---Presence of witnesses at the spot was doubtful---Scope---accused was charged for injuring the daughter of the complainant by firing---In the present case, impression could be gathered that eye-witness was not present at the stated time---Had he been present on the spot, he would have attended the injured instead of rushing to the house and attending the injured after 4/5 minutes of the occurrence---Said fact did not appeal to a prudent mind that a real father and real brother would leave their daughter and sister unattended by taking shelter in the house---Prosecution was still to answer that why eyewitness did not accompany the injured to the hospital along with his father and that why he did not verify the report---Investigating Officer visited the spot and on pointation of the complainant the site plan was prepared and nothing had been mentioned regarding presence of the eyewitness at the spot---Had eyewitness been present on the spot at the time of spot inspection, the Investigating Officer would have mentioned his name as well---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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