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Ijaz Ullah vs Shireen Zada Ss — 2024 PCrLJ 1370 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 1370 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
Ijaz Ullah vs Shireen Zada Ss
Subject matter
Criminal
Provisions referred to
S. 417; 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

Ijaz Ullah VS Shireen Zada Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S.417 (2-A)---Qatl-i-amd, common intention---Appreciation of Evidence---Appeal against acquittal---Absconsion of accused---Inconsequential---Accused were charged for committing murder of the father of the complainant by inflicting hatchet blows---Record showed that accused remained absconders in the case---In our part of the country people do abscond not because they are guilty, but because of fear and torture of the police---Even otherwise, absconsion is not a substantive piece of evidence, it is a corroborative piece of evidence---In cases where direct evidence fails, corroborative piece of evidence is of no avail and utility, as in the present case, where the evidence of a sole eye-witness had been disbelieved---Needless to say that abscondence can neither cure the inherent defect of the ocular account nor by itself is sufficient to sustain conviction---Appeal against acquittal was dismissed accordingly.

Other judgments reported in 2024 PCRLJ

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