Imran Khan vs State Ss — 2025 YLR 1786 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 1786 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Imran Khan vs State 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

Imran Khan VS State Ss. 302(b) & 201---Qatl-i-amd, causing disappearance of evidence of an offense, or giving false information to screen an offender---Appreciation of evidence---No justification for the presence of witnesses at the time and place of occurrence---Chance witnesses---Accused was charged for committing murder of the brother of complainant by firing---Occurrence had taken place on 17.10.2019 while the pointation had been made by eye-witness on 18.10.2019 and his statement was also recorded, then question was why his report was delayed for almost 24 hours---As such, the statements of both the eye-witnesses would be considered as chance witnesses---No doubt, said witnesses had admitted in their cross-examinations that their house was situated at a distance of 700-1000 feet from the place of occurrence but they seemed to be chance witnesses, where they had to show for their presence some physical circumstance, which would suggest that they had actually seen the occurrence and were present with the deceased at the time of occurrence---However, both these witnesses seemed to be chance witnesses and a chance witness was one who should normally be where and when he professed to have been, therefore, his evidence needed strong corroboration, which in the instant case was missing---Circumstances established that the prosecution had failed to prove its case against the appellant beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

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