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ZARSHAD vs State Ss — 2024 PCrLJ 546 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 546 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
ZARSHAD vs State Ss
Subject matter
Criminal

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

ZARSHAD VS State Ss. 302(b) & 149---Qatl-i-amd, unlawful assembly---Appreciation of evidence---Benefit of doubt---Abscondence of accused---Accused was charged that he along with his co-accused persons committed murder of the two sons of complainant and also injured him by firing---Record showed that the incident occurred way back in the year 2008, whereas, the accused had been arrested, on 20.07.2018 and that he failed to explain his long absence from the law enforcement agency---However, abscondence alone was not sufficient to convict, rather the prosecution must come with strong evidence in support of its claim and in such eventuality abscondence was a factor which could be taken into consideration---Witnesses failed to convince their presence on the spot and convince the manner in which the incident occurred, so in the attending circumstances of the case the long abscondence on part of the accused was hardly a ground to be pressed into service---Circumstances established that the prosecution failed in bringing home guilt against the accused---Appeal against conviction was allowed accordingly.

Other judgments reported in 2024 PCRLJ

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