Aleem Ullah vs Khan Pervez Ss — 2025 PCrLJ 690 PESHAWAR-HIGH-COURT

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Aleem Ullah VS Khan Pervez Ss. 302(b) & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Criminal Procedure Code (V of 1898), S.417(2-A)---Qatl-i-amd, common intention, possession of illicit weapon---Appreciation of evidence---Appeal against acquittal---Identity of the real culprit shrouded in mystery---Accused was charged that he along with his co-accused committed murder of the son of complainant---Appellant/complainant almost reiterated the same facts as advanced by him in his initial report in the shape of 'Murasila' followed by the FIR qua implication of both the accused for committing the murder of his deceased son---However, on one hand, complainant failed to disclose the source of his information or satisfaction in terms that why the accused were all-out to kill his son, especially, when admittedly there was no motive in field and on the other hand both the assailants had been assigned a general role without specifying the role of each and every accused qua committing the murder of his deceased son---Neither the appellant/complainant himself was an eye-witness of the occurrence nor he had put-forward any ocular account of the occurrence except mere mentioning of the general term that the occurrence might have been witnessed by anyone, therefore, on such score, the identity of the real culprit amongst the set of accused was shrouded in mystery---Likewise, the testimony of witness of last seen evidencewas of no help to the prosecution, as his name had neither been mentioned by the complainant in his initial report in the shape of 'Murasila' followed by the FIR nor the Court statement of the complainant bore his name---Testimony of said witness could at the most be considered as last-seen evidence, however, without any independent corroboration, the same had no evidentiary value qua guilt of the accused/respondent---Thus, the Trial Court had rightly extended the benefit of doubt to the accused/respondent in the shape of his acquittal---Appeal against acquittal was dismissed, in circumstances. Citation Name: 2025 PCrLJ 690 PESHAWAR-HIGH-COURTBookmark this Case Aleem Ullah VS Khan Pervez Medical evidence---Scope---Medical evidence may confirm the direct or ocular account, if any, with regard to the set of injuries, kind of weapon allegedly used in the commission of offence and at least the nature of injuries---Moreover, when the occurrence is undoubtedly unseen and un-witnessed then evidentiary value of medical evidence qua the guilt of the accused as a sole piece of corroboratory evidence cannot be given much weight. Citation Name: 2025 PCrLJ 690 PESHAWAR-HIGH-COURTBookmark this Case Aleem Ullah VS Khan Pervez Ss. 302(b) & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Criminal Procedure Code (V of 1898), S.417(2-A)---Qatl-i-amd, common intention, possession of illicit weapon---Appreciation of evidence---Appeal against acquittal---Recovery of weapon of offence---Joint recovery---Legality---Accused was charged that he along with his co-accused committed murder of the son of complainant---Record showed that weapon of offence i.e. a 30 bore pistol was recovered on the pointation of accused---Said recovery of weapon of offence was allegedly made on the joint pointation of both the accused from the landed property situated near the place of occurrence i.e. Baitak of the accused, therefore, in view of the joint recovery coupled with assignment of a general role to both the accused, the evidentiary value of the aforesaid recovery was standing in vacuum---Appeal against acquittal was dismissed, in circumstances. Citation Name: 2025 PCrLJ 690 PESHAWAR-HIGH-COURTBookmark this Case Aleem Ullah VS Khan Pervez Ss. 302(b) & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Criminal Procedure Code (V of 1898), S.417(2-A)---Qatl-i-amd, common intention, possession of illicit weapon---Appreciation of evidence---Appeal against acquittal---Motive not proved---Accused was charged that he along with his co-accused committed murder of the son of complainant---Record showed that the prosecution had not been able to prove the motive part of the offence in terms that why the accused were so desperate and all-out to kill the deceased son of the complainant---Thus, it seemed that real facts had been suppressed by the complainant for reasons best known to him---Appeal against acquittal was dismissed, in circumstances. Citation Name: 2025 PCrLJ 690 PESHAWAR-HIGH-COURTBookmark this Case Aleem Ullah VS Khan Pervez Benefit of doubt---Principle---Single reliable doubt is sufficient enough to extend its benefit to an accused person as it is the cardinal principle of criminal administration of justice that let hundred guilty persons be acquitted but one innocent person should not be convicted. Citation Name: 2025 PCrLJ 690 PESHAWAR-HIGH-COURTBookmark this Case Aleem Ullah VS Khan Pervez Ss. 302(b) & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Criminal Procedure Code (V of 1898), S.417(2-A)---Qatl-i-amd, common intention, possession of illicit weapon---Appreciation of evidence---Appeal against acquittal---Burden of proof---Scope---Accused was charged that he along with his co-accused committed murder of the son of complainant---Subject event was an unseen occurrence in its kind and nature as during the investigation direct evidence regarding the commission of offence could not surface, therefore, the entire prosecution's case hinged upon the sole fact that the dead body of the deceased son of the complainant had been recovered from the Baitak of one of the accused, therefore, the burden of proof laid on his shoulders to prove said aspect of the case---Initial burden of proof always laid on the prosecution, which though may get shifted to accused under Art.122 of the Qanun-e-Shahadat O.1984, under circumstances justifying such shifting of burden, but in the case in hand, it was noticeable that prosecution had not been able to even its initial burden of proof---Appeal against acquittal was dismissed, in circumstances. Citation Name: 2025 PCrLJ 690 PESHAWAR-HIGH-COURTBookmark this Case Aleem Ullah VS Khan Pervez Corroborative evidence---Scope---When substantive evidence fails to connect the accused person with the commission of offence or is disbelieved, corroborative evidence is of no help to the prosecution as the corroborative evidence cannot by itself prove the prosecution's case.

Aleem Ullah vs Khan Pervez Ss — 2025 PCrLJ 690 PESHAWAR-HIGH-COURT

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