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

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ABDUR REHMAN VS State Ss. 324 & 337-F(v)---attempt to commit qatl-i-amd, ghayr-jaifah-hashimah---appreciation of evidence---Benefit of doubt---Recovery of crime empties from the spot---Reliance---Scope---accused was charged for injuring the daughter of the complainant by firing---Investigating Officer visited the spot and collected five empties of 7.62 bore---Said empties were allegedly sent to the Forensic Science Laboratory to ascertain as to whether the same were fired from one and the same weapon---Investigating Officer wrote an application to the concerned authorities in that respect on 17.9.2016, whereas the same were received to the laboratory on 10.11.2016, with the delay of two months---Investigating Officer was yet to explain as to why the application was not written on the date when the empties were collected and that why the empties were not sent there and then---Though the report of Chemical Examiner was in positive, but the record was silent regarding its safe custody in the intervening period---Essential for the prosecution, more particularly, for the Investigating Officer to examine Moharrir of the concerned Police Station along with the official who took the same to the laboratory for its analysis but none of them was examined and that laxity on the part of the Investigating Officer travelled deep to the roots of the prosecution case and as such, that piece of evidence could not be taken into consideration and was outrightly rejected---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

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

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