Citation Name: 2023 PCrLJ 945 PESHAWAR-HIGH-COURTBookmark this Case ANWAR BADSHAH vs State Ss

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 PCrLJ 945 PESHAWAR-HIGH-COURTBookmark this Case ANWAR BADSHAH VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Recovery of blood stained axe on the pointation of accused---Accused was charged that he along with his father committed murder of the daughter of complainant---Record showed that police had searched the house of accused twice on 26.06.2018 and 27.06.2018 but no axe was recovered during the two raids---According to prosecution version, police recovered the bloodstained axe on pointation of the present accused on 30.06.2018 from veranda of his house---Close perusal of the sketch of recovery and photograph showed that the alleged recovery had been effected from point A which was the end point of veranda and the axe had been shown at corner of the wall meaning thereby that the axe was placed openly in the veranda---How was it possible for police to lose sight of such an important thing placed openly in the veranda more particularly when they were so cautious and vigilant---Similarly, the stance of prosecution that the accused had placed the axe stained with blood at the mentioned place after committing the murder, also did not appeal to prudent mind and it could not be expected from a person of ordinary prudence to leave a sign of his involvement in a crime so conspicuously in his house---Thus, the recovery of axe from the house of accused on his pointation was highly doubtful, hence, could not be considered as a convincing evidence in corroboration of the statement recorded by the child eye-witness---Circumstances established that prosecution case was suffering from glaring inconsistencies and infirmities creating serious doubts regarding the mode and manner of the occurrence as well as involvement of the present accused in commission of the offence---Appeal was allowed by setting aside conviction and sentence awarded to the accused and he was acquitted accordingly. Citation Name: 2023 PCrLJ 945 PESHAWAR-HIGH-COURTBookmark this Case ANWAR BADSHAH VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Place of occurrence doubted---Effect---Accused was charged that he along with his father committed murder of the daughter of complainant in a jungle---Record showed that minor brother of the eye-witness also sustained multiple abrasions and scratches on both his cheeks, forehead and buttock in the same occurrence as was evident from medical report, prepared by Medical Officer after examining the said kid after three days of the occurrence---According to the contents of site plan, the kid fell from the lap of deceased when she was hit by accused in the uneven land of the jungle---Sustaining bruises and scratches by the kid in the mentioned place being uneven and slope stand to reason but on the other hand prosecution, in light of the statement of the child witness, had changed the place of occurrence from jungle to residential room of the deceased where though falling of the kid from the lap of her mother was certain but coming of multiple abrasions and scratches on both his cheeks, forehead and buttock in a room was repellent to reason---Prosecution itself was not sure regarding the actual place of occurrence, hence, the mode and manner of the occurrence was highly doubtful---In such situation, on the basis of finding of the trial court, the accused could not be convicted---Circumstances established that prosecution case was suffering from glaring inconsistencies and infirmities creating serious doubts regarding the mode and manner of the occurrence as well as involvement of the present accused in commission of the offence---Appeal was allowed by setting aside conviction and sentence awarded to the accused and he was acquitted accordingly. Citation Name: 2023 PCrLJ 945 PESHAWAR-HIGH-COURTBookmark this Case ANWAR BADSHAH VS State Witness---Statement of witness recorded at belated stage---Scope---Belated examination of a witness without plausible explanation annuls his credibility. Citation Name: 2023 PCrLJ 945 PESHAWAR-HIGH-COURTBookmark this Case ANWAR BADSHAH VS State Witness---Child witness---Scope---Evidence of a witness cannot be rejected because of his age factor rather the test of competency of a witness is his capacity to understand the questions and to give rational answers. Citation Name: 2023 PCrLJ 945 PESHAWAR-HIGH-COURTBookmark this Case ANWAR BADSHAH VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Minor as sole eye-witness---Delay in recording the statement of witness---Effect---Accused was charged that he along with his father committed murder of the daughter of complainant---Prosecution had examined minor daughter of the deceased aged six years as the sole eye-witness of the occurrence---As per record, the occurrence took place on 25.06.2018 at unknown time whereas the minor witness was examined under S. 164, Cr.P.C., before the concerned Judicial Magistrate on 09.07.2018, after 14 days of the occurrence---According to her admission in cross-examination that she had told the entire story to her maternal grandfather (complainant) at evening time, which was most probably the evening of the day of occurrence but despite that she was not associated with the process of investigation from the very inception---Prosecution had never explained with reasons non-association of the child witness with investigation from the initial stage nor her examination under S. 164, Cr.P.C., at a belated stage had been justified with reasons---No doubt existed regarding innocence of the child witness but on the other hand possibility could not be ignored that she was associated with the case by complainant and police as a false eye-witness of the occurrence and such possibility was substantiated by her emergence in the case after 14 days of the occurrence---Thus, testimony of the minor witness in the case in view of her belated introduction as eye-witness of the occurrence could not be considered as genuine---Circumstances established that prosecution case was suffering from glaring inconsistencies and infirmities creating serious doubts regarding the mode and manner of the occurrence as well as involvement of the present accused in commission of the offence---Appeal was allowed by setting aside conviction and sentence awarded to the accused and he was acquitted accordingly.

Citation Name: 2023 PCrLJ 945 PESHAWAR-HIGH-COURTBookmark this Case ANWAR BADSHAH vs State Ss — 2023 PCrLJ 945 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2023 PCRLJ