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

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MIR ALI SHAH VS State Ss. 324 & 337-F(vi)---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Criminal Procedure Code (V of 1898), S. 164--- Attempt to commit qatl-i-amd, ghayr-jaifah-munaqqillah, possession of unlicensed arms---Appreciation of evidence---Benefit of doubt---Delay of five days in recording confessional statement---Scope---Accused was charged for injuring the complainant by firearm---Record showed that police arrested the accused on the same day (occurrence) on the basis of information received through a secret source regarding his involvement in the occurrence---In the present case, the injured himself was not sure in respect of the culpability of the present accused for his attempted murder otherwise he would have charged him in the initial report or at least soon after his arrest---Belated nomination of the accused in the case suggested consultation and deliberation inter se the local police and complainant---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

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

Case information

Judgment text as reported