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---Timelines mentioned in FIR, the injury sheet and inquest report not coinciding---Report lodged after preliminary investigation---Accused were charged for committing murder of the complainant, then injured, and his companion by firing---Claim of the prosecution was that the victim/complainant was sent to the Medical Officer after his injury sheet was prepared, followed by taking down his report---As per the FIR, the report was made at 05:45 pm---According to the scribe, it took some twenty minutes to prepare the injury sheet and take down the report, and it was only after carrying out that process, that the victim was sent to the Medical Officer for medical treatment---If stance of the prosecution was accepted as correct, then the time of examination of the victim must be at least after 05:45 pm---However, the Medico-Legal Certificate revealed that the victim was brought before the Medical Officer and examined at 05:20 p.m., a time which was even prior to the time of the report---Moreover, the examination of the victim before taking down his report suggested that the report was lodged after preliminary investigation, a procedural misstep that had consistently been deemed detrimental to the prosecution case---Prosecution had been unable to prove the charge against the appellant---Appeal against conviction was allowed accordingly.

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