Pervaiz alias Irfan vs State Ss — 2026 PCrLJ 134 LAHORE-HIGH-COURT-LAHORE

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Pervaiz alias Irfan VS State Ss. 302(b), 336-B, 338 & 201---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, causing hurt with a corrosive substance, 'isqat-i-haml', causing disappearance of evidence of an offence or giving false information to screen an offender, act of terrorism---appreciation of evidence---Benefit of doubt---Possibility of false implication---accused was charged for committing murder of his wife/daughter of complainant along with her unborn child by causing hurt with corrosive substance---Record showed that the witnesses did not attempt to apprehend the appellant despite outnumbering him while he was not armed with any deadly weapon, nor did they chase after him---One of the witnesses took the deceased in injured condition back to the house of the appellant, which fact was conceded by the complainant in his cross-examination as well---Likewise, witnesses did not get any medical treatment administered on the then injured nor did they take her to any other hospital---Such fact did not appeal to a prudent mind that the father and brother of the victim did not attempt to save the life of the deceased at the time of occurrence---No first aid was rendered by said witnesses according to material available on record and no attempt was made by them to shift the deceased in injured condition to a hospital or send for a doctor or any local medical practitioner---On the contrary, after life-threatening occurrence, they opted to take the victim back to the house of her perpetrator and that too on the same day---Conduct of the witnesses as deposed by them was opposed to the common course of natural events and inevitably tremors the whole edifice of the prosecution case and reasonably hypothesized their absence at the scene of the crime, therefore, High Court had no doubt in its mind that the prosecution case against the appellant was doubtful and possibility of false implication could not be ruled out---appeal against conviction was allowed, in circumstances.

Pervaiz alias Irfan vs State Ss — 2026 PCrLJ 134 LAHORE-HIGH-COURT-LAHORE

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