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---

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---appreciation of evidence---Benefit of doubt---Recovery of weapon of offence and crime empties---Inconsequential---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---In the present case, 30 bore pistol was recovered from accused/appellant which was also taken into possession as weapon used in the commission of offence---Said pistol along with the pistol recovered from co-accused were sent to Forensic Science Laboratory for matching with the two empties recovered from the place of accused and the Forensic Science Laboratory reported that two empties were fired from each pistol---according to the narration of complainant in the Murasila, three accused came on motorcycle out of whom, one fired at them, thus in such scenario the positive Forensic Science Laboratory Report had lost its evidentiary value---Even otherwise, the opinion of the Expert had a corroborative value only and was useful for ascertaining whether the direct evidence was true or not---appeal against conviction was allowed, in circumstances.

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