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---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Attempt to commit qatl-i-amd, ghayr-jaifah-munaqqillah, possession of unlicensed arms---Appreciation of evidence---Benefit of doubt---Withholding material evidence---Scope---Accused was charged for injuring the complainant by firearm---As per prosecution version, the injured complainant was busy in medical checkup of a child when was targeted by firing from backside---Investigating Officer had failed either to examine the child under S. 161, Cr.P.C or the person who had brought him to get his medical treatment through the injured, a medical practitioner---No plausible explanation was available on record for the said omission on the part of investigating agency---Thus, it could easily be presumed from the said laxity of the Investigating Officer that the child and his attendant, if any, were not examined for the reason that they would have disclosed the real facts contrary to the version of prosecution---In the absence of such evidence, adverse inference could be drawn that the evidence which could be and was not produced would, if produced, be unfavourable to the person who withheld it---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