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MIR ALI SHAH vs State Ss — 2022 YLRN 169 PESHAWAR-HIGH-COURT

Case information

Citation
2022 YLRN 169 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Parties
MIR ALI SHAH vs State Ss
Subject matter
Criminal
Provisions referred to
S. 15---A; S. 15; Khyber Pakhtunkhwa Arms Act (XXIII of 2013); Arms Act

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

MIR ALI SHAH VS State Ss. 324 & 337-F(vi)---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Attempt to commit qatl-i-amd, ghayr-jaifah-munaqqillah, possession of unlicensed arms--- Appreciation of evidence---Recovery of weapon of offence from possession of the accused---Reliance---Scope---Accused was charged for injuring the complainant by firearm---Record showed that the weapon had been recovered from the accused at the time of his arrest in presence of witnesses---Statement of the Investigating Officer in that regard had not been shattered by defence during cross-examination---Recovery of Kalashnikov from possession of the accused got further support from the statement of brother of the accused---According to his statement, the weapon was his ownership and in respect whereof he exhibited copy of Permit---Forensic Science Laboratory Report showed the recovered Kalashnikov had matched with 05 empties recovered from the spot---Prosecution had duly established the guilt of accused only to the extent of S. 15 of the Arms Act, 2013 and findings of the Trial Court in that respect did not call for any interference---However, the question here was that what would be the effect of conviction of accused under S. 15 A.A on the remaining allegations levelled against him by prosecution with regard to Ss.324 & 337-F(vi), P.P.C.---Recovery of crime weapon was only a corroborative piece of evidence and in absence of direct evidence, conviction of an accused could not be based only on corroborative evidence---Circumstances established that the prosecution had failed to prove its case against the accused to the extent of offences under Ss.324 & 337-F(vi), P.P.C.---Appeal was partially allowed and accused was acquitted by setting aside conviction and sentence recorded by Trial Court under Ss.324 & 337-F(vi), P.P.C., whereas the prosecution proved its case under S.15 Arms Act, thus appeal to the extent of said offence was dismissed. Head Notes

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