Citation Name: 2023 YLR 2401 PESHAWAR-HIGH-COURTBookmark this Case RAZIQ JAN vs State Circumstantial evidence

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Citation Name: 2023 YLR 2401 PESHAWAR-HIGH-COURTBookmark this Case RAZIQ JAN VS State Circumstantial evidence---Scope---Conviction could be based on circumstantial evidence. Citation Name: 2023 YLR 2401 PESHAWAR-HIGH-COURTBookmark this Case RAZIQ JAN VS State Ss. 302(b), 364-a, 201 & 34---Qanun-e-Shahadat (10 of 1984), art. 40---Qatl-i-amd, kidnapping or abducting a person under the age of fourteen, causing disappearance of evidence of offence, or giving false information to screen offender, common intention---appreciation of evidence---Recovery of dead body on disclosure of accused---Reliance---accused were charged for committing murder of the minor nephew of the complainant after kidnapping him---In the present case, the pointation of the grave and subsequently the recovery of the dead body of the deceased with particular reference to the accused had been duly proved by the prosecution by considering the attending circumstances of the case---Recovery of the dead body vide exhumation memo from the graveyard of a village by itself was sufficient for basing conviction---Prosecution in order to prove the pointation memo examined two witnesses i.e. aSI and Inspector---Defence had not cross-examined the said witnesses with particular reference to the pointation memo and the same had remained un-rebutted and unchallenged---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal against conviction was accordingly dismissed. Citation Name: 2023 YLR 2401 PESHAWAR-HIGH-COURTBookmark this Case RAZIQ JAN VS State Ss. 302(b), 364-a, 201 & 34---Criminal Procedure Code (V of 1898), S. 103---Qatl-i-amd, kidnapping or abducting a person under the age of fourteen, causing disappearance of evidence of offence, or giving false information to screen offender, common intention---appreciation of evidence---Non-association of private witnesses in recovery proceedings---Inconsequential---accused were charged for committing murder of the minor nephew of the complainant after kidnapping him---Defence had challenged the evidentiary value of the recoveries and discoveries mainly on the ground that police had not associated any independent witness with the said process and posed Police Officials to the recovery memos in violation of S.103, Cr.P.C.---Validity---attesting witnesses of the recovery memos in the present case were mostly Police Officials, however, police were as good as other private witnesses, therefore, their testimony could not be discarded on the ground of their status as employees of police department when otherwise they had supported the recoveries through truthful statements and no evidence was present to suggest their ill-will towards the accused persons---Moreover, compliance of S. 103, Cr.P.C. was necessary when search of a house or place was conducted by police for recovery of something and not in the cases when the recovery was made on pointation of accused---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal against conviction was accordingly dismissed. Citation Name: 2023 YLR 2401 PESHAWAR-HIGH-COURTBookmark this Case RAZIQ JAN VS State Ss. 302(b), 364-a, 201 & 34---Qatl-i-amd, kidnapping or abducting a person under the age of fourteen, causing disappearance of evidence of offence, or giving false information to screen offender, common intention---appreciation of evidence---Offences under Ss. 364-a & 201, P.P.C. set aside---accused were charged for committing murder of the minor nephew of the complainant after kidnapping him---It was admitted on record that both the parties were neighbors and were residing in one and the same neighbourhood---as per prosecution, the murder of minor had taken place inside the Bhaittak of the house of accused, which was situated in same proximity, therefore, question of abduction would not arise in the circumstances of the case---accused was also convicted and sentenced under S. 201, P.P.C, as he was also charged for the murder of the deceased and had been adjudged guilty by the Court, therefore, his conviction under S. 201, P.P.C. was not sustainable---Thus, the charges under Ss. 364-a & 201, P.P.C. against accused were set aside and he was acquitted under Ss. 364-a & 201, P.P.C.---However, the prosecution had proved its case against the accused under S. 302(b), P.P.C. beyond any shadow of doubt---appeal against conviction under S. 302(b), P.P.C. was accordingly dismissed. Citation Name: 2023 YLR 2401 PESHAWAR-HIGH-COURTBookmark this Case RAZIQ JAN VS State Ss. 302(b), 364-a, 201 & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, kidnapping or abducting a person under the age of fourteen, causing disappearance of evidence of offence, or giving false information to screen offender, common intention---appreciation of evidence---Confessional statement of the accused---accused were charged for committing murder of the minor nephew of the complainant after kidnapping him---In the present case, the confession of the accused was supported by medical evidence that the deceased was strangulated---Medical Officer also opined that the deceased died due to asphyxia due to ligature strangulation---Furthermore, accused put the dead body of deceased in a sack and admittedly it was recovered after recoding the confessional statement of the accused---Fact that body was packed in a sack had also been verified by the Medical Officer---Recovery of dead body of the deceased was supported by the confessional statement of co-accused, which was sufficient for adjudging the accused guilty---Furthermore, the Investigating Officer had also taken into possession motorcycle on which accused took the dead body of deceased after strangulation for burial and both the accused persons in their confessional statements had admitted such fact---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal against conviction was accordingly dismissed. Citation Name: 2023 YLR 2401 PESHAWAR-HIGH-COURTBookmark this Case RAZIQ JAN VS State S. 164---accused handed over to the police after recording his confessional statement---Legality---Mere fact that the accused was handed over to the police after recording of confession in all circumstances shall not be a ground for discarding the confessional statement, if otherwise, it rang true and was voluntary. Citation Name: 2023 YLR 2401 PESHAWAR-HIGH-COURTBookmark this Case RAZIQ JAN VS State S. 164---Confessional statement---Scope---Confession alone is sufficient for basing conviction, if the same is found to be voluntary and true.

Citation Name: 2023 YLR 2401 PESHAWAR-HIGH-COURTBookmark this Case RAZIQ JAN vs State Circumstantial evidence — 2023 YLR 2401 PESHAWAR-HIGH-COURT

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