Rustam vs State Ss — 2025 YLR 1121 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 1121 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Rustam vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---K; S. 15---C; S. 164---Q; S. 164; Criminal Procedure Code (V of 1898)

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

Rustam VS State Ss. 302(b), 324 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Khyber Pakhtunkhwa arms act (XXIII of 2013), S. 15---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Delay of five days in recording confessional statement of complainant---Inconsequential---accused were charged for committing murder of the maternal cousin of complainant by firing---Statement of complainant under S.164, Cr.P.C. had been recorded on 13.03.2021 after five days of the occurrence---Such delay would not damage the prosecution's case for the reason that complainant and the deceased were the residents of District B-(Bannu)---after the occurrence, the dead body of the deceased was shifted to B-(Bannu) where the complainant would have remained busy in the Fatiha ceremony of the deceased for such period---Circumstances established that the prosecution had proved murder of the deceased by appellant "R" through cogent and confidence inspiring direct evidence corroborated by strong circumstantial evidence and supported by medical evidence---appeal against conviction filed by appellant "R" was dismissed accordingly.

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