SAID BAHADAR vs AMIN-UR-REHMAN S — 2024 PCrLJ 138 PESHAWAR-HIGH-COURT

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SAID BAHADAR VS AMIN-UR-REHMAN S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delayed FIR---Un-natural conduct---Withholding best evidence---Night-time occurrence---Source of light not established---Planted recoveries---Accused was alleged to have thrown acid on the victim as a result whereof his face, lips, nose and neck were burnt besides he also lost both his eyes in the same incident and ultimately died because of the injuries after almost one year of the occurrence---First Information Report was registered after two months and five days of the occurrence---As per prosecution, the victim recorded his statement on the third day of the occurrence at a hospital in presence of a doctor wherein he had charged the accused---Record revealed that the Investigating Officer had attempted to record the statement of victim under S. 164, Cr.P.C., after three months of the occurrence but his throat was severely injured due to which the recording of statement was postponed---When the injured was unable to record his statement after three months, how could he give a statement under S. 161, Cr.P.C. on the third day of the occurrence---Moreso, the doctor in whose presence the injured had allegedly recorded his statement, was not produced before the Trial Court---Eye-witness had admitted in his cross-examination that the occurrence had taken place at nocturnal hours by adding that there were electricity bulbs in the surrounding but the Investigating Officer had not taken into possession any bulb from the spot to support the statement of eye-witness---Eye-witness had not accompanied the victim to the hospital---Recoveries were planted at belated stage after registration of FIR and for this purpose acid was procured in bottle which was mistakenly not removed from the spot at the time of drawing the pictures---Prosecution had failed to bring any evidence of confidence inspiring nature against the accused rather prosecution case was replete with contradictions and inconsistencies---Appeal against conviction was allowed, in circumstances.

SAID BAHADAR vs AMIN-UR-REHMAN S — 2024 PCrLJ 138 PESHAWAR-HIGH-COURT

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