SAHIB SHAH vs State Ss — 2024 PCrLJ 396 PESHAWAR-HIGH-COURT

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SAHIB SHAH VS State Ss. 324, 353, 427 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Khyber Pakhtunkhwa arms act (XXIII of 2013), S. 15---attempt to commit qalt-i-amd, assault or criminal force to deter public servant from discharge of his duty, mischief causing damage to the amount of fifty rupees, common intention, possession of unlicensed weapon, act of terrorism---appreciation of evidence---Benefit of doubt---Night time occurrence---Source of light not provided---accused was charged that he along with his co-accused made firing upon the police party, due to which complainant sustained firearm injury---Case of the prosecution was that the occurrence in this case had taken place at 07:40 p.m., while the sunset time in that area was almost 05:08 p.m., which was after about two hours and thirty minutes of the sunset time---Meaning thereby that the occurrence had taken place at nocturnal hours and no source of identification had been given by the complainant in his report and Court statement---Even in the site plan, no source of light had been shown by the Investigating Officer nor had been taken into possession from the place of occurrence---From the contents of the FIR, it was imminently clear that when the complainant spotted the persons and he was trying to apprehend them, the accused warned him that not to come close to them and thereafter the occurrence had taken place---Thus, when the identification of the accused had been made through voice, which was the most week type of evidence, it by itself was not sufficient for awarding capital punishment to an accused, in circumstances--- appeal was allowed and accused was acquitted of the charges.

SAHIB SHAH vs State Ss — 2024 PCrLJ 396 PESHAWAR-HIGH-COURT

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