Citation Name: 2024 YLR 427 PESHAWAR-HIGH-COURTBookmark this Case HUMAYUN vs HABIB-UR-REHMAN Ss — 2024 YLR 427 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 427 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 427 PESHAWAR-HIGH-COURTBookmark this Case HUMAYUN vs HABIB-UR-REHMAN 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

Citation Name: 2024 YLR 427 PESHAWAR-HIGH-COURTBookmark this Case HUMAYUN VS HABIB-UR-REHMAN Ss. 302(b), 324, 337-F(iii), 427, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr - jaifah - hashimah, mischief causing damage to the amount of fifty rupees, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Medical evidence and ocular account--- Conflict--- Accused were charged that they made firing upon the complainant party, due to which three persons died while complainant sustained fire arm injuries---Though, medical evidence is confirmatory in nature and in presence of trustworthy and confidence inspiring eye-witness account, it can not overshadow the same, but in case where the eye-witness account fails to convince on a particular aspect of the case, then the conflict between the two will creep down to the roots---As in the present case, the testimony of the complainant regarding the mode, manner and the number of accused charged did not convince the judicial mind of the Court, so the Court lurked no doubt in mind that the conflict between the ocular account and the medical evidence had damaged the prosecution case beyond repair---Even the time mentioned by the Medical Officer between the injury and death contradicted the very statements of the witnesses and as such, its cumulative effect could be read only and only in favour of the accused, that too, at the cost of the prosecution---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was accordingly allowed.

Other judgments reported in 2024 YLR

2024 YLR 2656 KARACHI-HIGH-COURT-SINDHMuhammad Maqsood VS State Ss. 324, 353 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---attempt t…
2024 YLR 2635 KARACHI-HIGH-COURT-SINDHAbdul Karim VS State S. 497---Foreign Exchange Regulation Act (VII of 1947),Ss. 4, 5, 8 & 23---Payments through informal banking channel of…
2024 YLR 2619 KARACHI-HIGH-COURT-SINDHBijar alias Bijli VS State Ss. 324, 353, 225, 337-a(i), 337-F(i), 337-H(2), 147, 148 & 149---Sindh arms act (V of 2013), S. 24---anti-Terror…
2024 YLR 2586 KARACHI-HIGH-COURT-SINDHFayaz alias Fayaz Hussain VS State Ss. 302(b), 324, 353, 337-F(iii), 337-F(v), 337-H(2), 506(2), 148 & 149---anti-Terrorism act (XXVII of 19…
2024 YLR 2561 KARACHI-HIGH-COURT-SINDHMuhammad Bilal VS State S. 497---Penal Code (XLV of 1860), Ss. 409, 419, 420, 467, 468, 471, 477-A & 109---Prevention of Corruption Act (II…
2024 YLR 1497 KARACHI-HIGH-COURT-SINDHKHALID VS State Minor contradictions in evidence---In consequential---Every contradiction can not take place of a material contradiction and…

Back to the case-law library · Search Pakistani case law in Urdu or English