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Citation Name: 2023 YLR 2110 PESHAWAR-HIGH-COURTBookmark this Case SAID AFZAL vs State S — 2023 YLR 2110 PESHAWAR-HIGH-COURT

Case information

Citation
2023 YLR 2110 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2023
Reporter
YLR
Parties
Citation Name: 2023 YLR 2110 PESHAWAR-HIGH-COURTBookmark this Case SAID AFZAL vs State S
Subject matter
Criminal
Provisions referred to
S. 15---C; S. 15---P; Criminal Procedure Code (V of 1898)

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

Judgment text as reported

Citation Name: 2023 YLR 2110 PESHAWAR-HIGH-COURTBookmark this Case SAID AFZAL VS State S. 15---Criminal Procedure Code (V of 1898), Ss. 103 & 164---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Possession of unlicensed arms---Search to be made in presence of witnesses---Judicial confession---Withholding best evidence---Case property, failure to produce in Trial Court---Effect---Accused was convicted for having been found in possession of unlicensed weapon---Memo of arrest and recovery was witnessed by four witnesses---Two of them were police officials and the other two were private persons---One of the private persons had deposed that the police officials approached him, asked for his identity card and obtained his thumb impressions on blank papers and that he did not know what the police did with the papers---Police officials were as much good witnesses as any other but in this case, this view could not be subscribed to---Other private witness was not produced before the Trial Court---Case property was not produced in evidence before the Trial Court---Daily diaries in respect of departure from and arrival back into the police station were not produced---So far as confessional statement of accused was concerned, sufficient time was not given to the accused to think over his willingness to confess his guilt and the Judicial Magistrate had not recorded as to whether both the accused and co-accused were made to sit at one and the same place in the courtroom or not---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 2110 PESHAWAR-HIGH-COURTBookmark this Case SAID AFZAL VS State Benefit of doubt---Scope---Even a single reasonable doubt is sufficient for acquittal of an accused person. Citation Name: 2023 YLR 2110 PESHAWAR-HIGH-COURTBookmark this Case SAID AFZAL VS State S. 15---Possession of unlicensed arms---Case property, failure to produce in Trial Court---Effect---Non-production of case property is considered a material dent in the prosecution case. Citation Name: 2023 YLR 2110 PESHAWAR-HIGH-COURTBookmark this Case SAID AFZAL VS State absconsion--- Scope--- absconder cannot be given the benefit of his absence---Whatever the merits are, his case can only be considered after his surrender to lawful authority.

Other judgments reported in 2023 YLR

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