Citation Name: 2023 MLD 1079 PESHAWAR-HIGH-COURTBookmark this Case ZAHID KHAN vs State S

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Citation Name: 2023 MLD 1079 PESHAWAR-HIGH-COURTBookmark this Case ZAHID KHAN VS State S. 7---Penal Code (XLV of 1860), Ss. 387, 506, 419, 420 & 34---Telegraph Act (XIII of 1885), S. 25---Foreigners Act (XXXI of 1946), S. 14---Act of terrorism, putting person in fear of death or of grievous hurt in order to commit extortion, criminal intimidation, cheating by personation, cheating and dishonestly inducing delivery of property, forgery for valuable security, common intention, penalty for causing annoyance, illegal entering into Pakistan---Appreciation of evidence---Benefit of doubt---Delay of eight days in lodging FIR---Effect---Accused were charged for making threatening calls to complainant for demand of extortion money (Bhatta)---Record of call data so furnished only spoke of the cellular connectivity of the accused and complainant only on 30.03.2021, whereas, the event had been reported to the local police on 08.04.2021 followed by registration of the case vide FIR---On record, no plausible excuse or explanation regarding such delay of almost eight (08) days was found despite the fact that the accused was allegedly conscious enough that the subject threatening calls for "Bhatta" were received more than a week ago---In such circumstances there was a wider scope of consultation and deliberation on part of complainant---Circumstances established that prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 MLD 1079 PESHAWAR-HIGH-COURTBookmark this Case ZAHID KHAN VS State S. 7---Penal Code (XLV of 1860), Ss. 387, 506, 419, 420 & 34---Telegraph Act (XIII of 1885), S. 25---Foreigners Act (XXXI of 1946), S. 14---Act of terrorism, putting person in fear of death or of grievous hurt in order to commit extortion, criminal intimidation, cheating by personation, cheating and dishonestly inducing delivery of property, forgery for valuable security, common intention, penalty for causing annoyance, illegal entering into Pakistan---Appreciation of evidence---Benefit of doubt---Accused were charged for making threatening calls to complainant for demand of extortion money (Bhatta)---Record prima facie falsified the allegation of the complainant pertaining to the threat calls for the simple reason that only a single call from the alleged cell number of the accused to the cell number of the complainant was found in the record---During the investigation not an iota of evidence had been collected which could prima facie speak of the fact that the subject SIM was in the name of the accused---Not only the complainant but even the supporting witness had categorically highlighted in their respective statements that the calls in question were for contribution of funds for the welfare of the unattended segment of the society, orphans widows, etc.---Circumstances established that prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 MLD 1079 PESHAWAR-HIGH-COURTBookmark this Case ZAHID KHAN VS State Benefit of doubt---Principle---Slightest doubt occurring in the prosecution case will be sufficient to grant acquittal to an accused.

Citation Name: 2023 MLD 1079 PESHAWAR-HIGH-COURTBookmark this Case ZAHID KHAN vs State S — 2023 MLD 1079 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2023 MLD