Sahib Zaman vs State Ss — 2025 YLR 2298 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 2298 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Sahib Zaman vs State Ss
Subject matter: Criminal
Provisions referred to: S. 15---Q; S. 161; Khyber Pakhtunkhwa Arms Act (XXIII of 2013)

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

Sahib Zaman VS State Ss. 302(b), 324, 337-F(iii), 201 & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-hashimah, causing disappearance of evidence or giving false information to screen an offender, possession of illicit weapon---Appreciation of evidence---Delay of eleven days in recording the statement of injured eye-witness by the police---Accused were charged for committing murder of the father of complainant by firing and causing injuries to an eye-witness---As per testimony of Investigating Officer, he had recorded statement of the injured witness under S.161, Cr.P.C., on 19.8.2022 i.e. after almost 11 days of the occurrence---No explanation whatsoever had been offered by the prosecution that why statement of that sole eye-witness of the occurrence had not been recorded at first instance instead of waiting for long 11 days---In absence of any explanation in that regard, it could easily be inferred that recording statement of the injured was unnecessarily and deliberately delayed---Courts always look at such like belated statements of the eye-witnesses with great suspicion---Circumstances established that the prosecution had failed to prove its case against the accused-appellant beyond reasonable doubt, therefore, his conviction could not be maintained---Resultantly, appeal against conviction was allowed, accordingly.

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