Umar Daraz alias Muhammad Umar vs Mst — 2025 YLR 1284 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 1284 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Umar Daraz alias Muhammad Umar vs Mst
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

Umar Daraz alias Muhammad Umar VS Mst. Durdana Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Absconsion of the accused---Inconsequential---Accused were charged for committing murder of the complainant, then injured, and his companion by firing---Record revealed that undoubtedly, the appellant remained absconder for almost a decade without providing any plausible explanation---However, it was imperative to state that abscondence alone did not serve as a conclusive proof of guilt---Absconsion could be considered as a corroborative piece of evidence, its weight was contingent on the prior establishment of an accused person's guilt through compelling evidence---When direct evidence fell short, abscondence as a piece of evidence became inconsequential---Present case was no exception to such principle---Prosecution had been unable to prove the charge against the appellant---Appeal against conviction was allowed accordingly.

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