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QUTAB KHAN vs State Ss — 2024 PCrLJ 516 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 516 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
QUTAB KHAN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 15---A; Khyber Pakhtunkhwa Arms Act (XXIII of 2013)

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

QUTAB KHAN VS State Ss. 324 & 337-F(ii)---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Attempt to commit qatl-i-amd, ghayr-jaifahbadi'ah, possession of illicit weapon---Appreciation of evidence---Delay of about two months in recording the statement of the injured by the police---Accused was charged for causing firearm injuries to the brother of the complainant---Medical report reflected that when the police produced the victim before the Medical Officer, a question was asked from the Medical Officer as to whether the victim was able to speak or not---Medical Officer observed about the victim that "vitally not stable, mentally not active and alert"---Said observation was enough to believe that though he might not have been fully unconscious, he was surely unable to speak---Medical report showed that the victim remained in the hospital under treatment and was discharged on 25.01.2020---Record showed that his statement was recorded on 01.02.2020, some seven days after his discharge from the hospital---Allegedly, there was overwriting on the date of operation--Medical Officer had admitted it as tampering and stated that it was not made by him, but such fact was not material---Reason was that the date of admission i.e. 10.12.2019, the next day of the occurrence and the date of discharge i.e. 25.01.2020 were quite clear---Circumstances established that the prosecution had successfully proved the charge leveled against the accused---Appeal against the conviction was accordingly dismissed.

Other judgments reported in 2024 PCRLJ

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