WAJID KHAN vs STATE Ss — 2026 YLR 466 PESHAWAR-HIGH-COURT

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WAJID KHAN VS STATE Ss. 302(b), 364, 404, 201, 202 & 109---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, kidnapping or abducting a person with the intent that they may be murdered or put in danger of being murdered, dishonest or fraudulent misrepresentation of a will or other document relating to the creation of a posthumous document, causing disappearance of evidence of an offence or for giving false information to screen an offender, intentional omission to give information about an offence by a person legally bound to do so, abetment, possession of illicit weapon---Appreciation of evidence---Benefit of doubt---Investigative short comings and deficiencies---Accused was charged for committing murder of the brother of complainant by firing---Alleged crime weapon was never recovered from the appellant's possession---Investigating Officer admitted that no sketch or proper documentation of the recovery of the pistol and mobile phones was prepared---Failure to verify SIM ownership or examine recipients of calls and messages further weakened the evidentiary value of those items---Investigating Officer also admitted that as per recovery memo. no cut marks were shown on the blood-stained garments of deceased---Said witness admitted that the pistol was not in the name of accused---Several investigative shortcomings and deficiencies were noticed in the statement of Investigating Officer, i.e., delay in sending recovered items to the Forensic Science Laboratory; absence of statements from key witnesses who allegedly received calls or messages from the deceased; lack of verification of mobile phone ownership; no independent witnesses to critical recoveries and absence of a detailed site plan showing the exact location of recovered items---Such shortcomings had casted serious doubts on the integrity and reliability of the prosecution's case---Circumstances established that the prosecution, under no circumstance, was able to establish guilt of the appellant beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances.

WAJID KHAN vs STATE Ss — 2026 YLR 466 PESHAWAR-HIGH-COURT

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