Citation Name: 2023 MLD 1452 PESHAWAR-HIGH-COURTBookmark this Case SHAFIULLAH vs JUNAID KHAN Ss

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Citation Name: 2023 MLD 1452 PESHAWAR-HIGH-COURTBookmark this Case SHAFIULLAH VS JUNAID KHAN Ss. 302(b), 404 & 454---Criminal Procedure Code (V of 1898), S. 417(2-A)--- Qatl-i-amd, dishonest misappropriation of property possessed by deceased person at the time of his death, lurking house tress-pass or house breaking in order to commit offence punishable with imprisonment---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Recovery of weapon of offence on the pointation of accused---Reliance---Accused was charged for committing murder of wife and daughter of the complainant---According to the pointation memo, recovery of weapon of offence i.e. axe was effected on the pointation of the accused from the maize crop in the landed property of another person, who was marginal witness of pointation memo, and stated that during the search process in the fields, accused, duly in handcuffs, was standing near the police mobile---Another marginal witness of pointation memo stated in his examination-in-cross that the axe was recovered from the fields---Said witness further stated that four persons including him, the Investigating Officer and the accused went for the recovery of axe---It was not mentioned as to whether the allegedly recovered axe was bloodstained or otherwise---Similarly, it was also not sent to the Forensic Science Laboratory to substantiate that the same was the weapon of offence and was used in the commission of crime---In absence of report of Forensic Science Laboratory it could not be considered as corroborative piece of evidence against the accused---Thus, the prosecution evidence as to recovery of axe was not sufficient enough to connect the accused with the commission of the offence---Circumstances established that the prosecution failed to prove its case against the accused beyond any shadow of doubt---Appeal against acquittal was dismissed, in circumstances. Citation Name: 2023 MLD 1452 PESHAWAR-HIGH-COURTBookmark this Case SHAFIULLAH VS JUNAID KHAN Ss. 302(b), 404 & 454---Criminal Procedure Code (V of 1898), S. 417(2-A)--- Qatl-i-amd, dishonest misappropriation of property possessed by deceased person at the time of his death, lurking house tress-pass or house breaking in order to commit offence punishable with imprisonment---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Call Data Record, availability of---Accused was charged for committing murder of wife and daughter of the complainant---During investigation, from Call Data Record (CDR) it surfaced that the accused was using mobile phone of the complainant by installing his own SIM in it, therefore, he was arrested---Prosecution had not mentioned any number of mobile phone of the complainant which was allegedly recovered from the accused---Complainant stated in his cross-examination that out of four mobile phones, highlighted by him in his examination-in-chief, one was in use of his son, the other was in the use of his daughter and the remaining two mobile sets were not in use of anyone---Prosecution failed to produce any tangible evidence regarding the ownership of mobile phone, so recovered from the accused---Similarly, the names of the marginal witnesses of the recovery memo in that regard, did not figure in the list of witnesses and likewise they could not have been highlighted in the relevant calendar followed by having not been produced before the Court---Circumstances established that the prosecution failed to prove its case against the accused beyond any shadow of doubt---Appeal against acquittal was dismissed, in circumstances. Citation Name: 2023 MLD 1452 PESHAWAR-HIGH-COURTBookmark this Case SHAFIULLAH VS JUNAID KHAN Evidence---Interpretation favorable to the accused---If two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view favourable to the accused is to be adopted. Citation Name: 2023 MLD 1452 PESHAWAR-HIGH-COURTBookmark this Case SHAFIULLAH VS JUNAID KHAN Ss. 302(b), 404 & 454---Criminal Procedure Code (V of 1898), S. 417(2-A)--- Qatl-i-amd, dishonest misappropriation of property possessed by deceased person at the time of his death, lurking house tress-pass or house breaking in order to commit offence punishable with imprisonment---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Call Data Record---Accused was charged for committing murder of wife and daughter of the complainant---Record showed that the Investigating Officer had taken into possession the Call Data Record of the mobile of the accused---However, it was not clear as to whether the telephone/SIM number was in the name of the accused or otherwise, as the same fact had not been established through record---Thus, just placing mobile data on the record would hardly be of any advantage to the prosecution---Call Data Record so furnished and relied by the prosecution was neither attested nor signed by the competent issuing authority, nor credible witness was either associated during the investigation nor produced before the Court during the trial to substantiate the same, therefore, reliance on the subject Call Data Record in respect of mobile/SIM number of the accused would be unwise and it would be appropriate not to rely upon such evidence---Circumstances established that the prosecution failed to prove its case against the accused beyond any shadow of doubt---Appeal against acquittal was dismissed, in circumstances. Citation Name: 2023 MLD 1452 PESHAWAR-HIGH-COURTBookmark this Case SHAFIULLAH VS JUNAID KHAN Dishonest improvement made by the witness---Scope---When a witness improves his version to strengthen the prosecution case, his improved statement cannot be relied upon as the witness has improved his statement dishonestly, therefore his credibility becomes doubtful on the well-known principle of criminal jurisprudence that improvements once found deliberate and dishonest cast serious doubt on the veracity of such a witness. Citation Name: 2023 MLD 1452 PESHAWAR-HIGH-COURTBookmark this Case SHAFIULLAH VS JUNAID KHAN Recovery of incriminating material---Scope---Evidence of recoveries of mobile phone, Call Data Record (CDR) and the alleged weapon of offence, being corroboratory in nature, were not capable to bring home charge against the accused in the circumstances where direct evidence was lacking because unless direct or substantive evidence was available conviction could not be recorded on the basis of any other circumstantial evidence, howsoever, convincing it may be. Citation Name: 2023 MLD 1452 PESHAWAR-HIGH-COURTBookmark this Case SHAFIULLAH VS JUNAID KHAN Benefit of doubt---Principle---Even a single circumstance creating reasonable doubt in a prudent mind about the guilt of accused, makes him entitled to its benefit, not as a matter of grace and concession but as a matter of right.

Citation Name: 2023 MLD 1452 PESHAWAR-HIGH-COURTBookmark this Case SHAFIULLAH vs JUNAID KHAN Ss — 2023 MLD 1452 PESHAWAR-HIGH-COURT

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