FAISAL vs STATE Ss — 2026 YLR 428 PESHAWAR-HIGH-COURT

Case information

Citation: 2026 YLR 428 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2026
Reporter: YLR
Parties: FAISAL vs STATE Ss
Subject matter: Criminal
Provisions referred to: S. 7---; S. 164

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

FAISAL VS STATE Ss. 324, 353, 337-F(iii) & 34---anti-Terrorism act (XXVII of 1997), S. 7---attempt to commit qatl-i-amd, assaulting or using criminal force against a public servant in the execution of their duty, ghayr-jaifah-mutalahimah, common intention, act of terrorism---Qanun-e-Shahadat (10 of 1984), art. 22---appreciation of evidence---Benefit of doubt---Test identification parade---Infirmities---accused were charged that they made firing upon the police party, due to which the complainant/Police Constable got injured, whereas his companion escaped unhurt---Perusing the contents of the Murasila/FIR, the complainant did not disclose the features or description (hulya) of the assailant (s)---In his Court statement too, complainant admitted that he had not given description/feature/complexion in his report as well as in his statement under S. 164 Cr.P.C.---Where no description of the accused was given in the FIR, identification parade lost its evidentiary value---Furthermore, neither in the Murasila nor in their statements under S.164 Cr.P.C. specific role had been attributed to the accused/appellant---appeal against conviction was allowed, in circumstances.

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