Dildar vs State S — 2026 YLR 766 PESHAWAR-HIGH-COURT

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Dildar VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd---Appreciation of evidence---Withholding material witnesses---Effect---Accused was charged for committing murder of his real brother/husband of complainant by firing---Complainant alleged in her initial report rather reiterated in her Court statement that the occurrence was also witnessed by her son and brother-in-law but astonishingly the former abandoned while the latter was won-over by the defence, thus, presumption under Art.129 (g) of the Qanun-e-Shahadat Order, 1984, was to be drawn to the effect that had those two witnesses been produced at the trial, they would have not supported the prosecution version---Appeal against conviction was allowed, in circumstances. Citation Name: 2026 YLR 766 PESHAWAR-HIGH-COURT Dildar VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Safe custody of weapon of offence and crime empties not proved---Accused was charged for committing murder of his real brother/husband of complainant by firing---According to Investigating Officer, five (05) empties of 30-bore pistol were statedly recovered from the crime spot on 19.05.2020 and the appellant was arrested on 20.05.2020 along with crime weapon i.e. 30-bore pistol, whereafter both the recovered empties and weapon were sent to Forensic Science Laboratory for forensic analysis on 21.05.2020---Glance over the Forensic Science Laboratory Report divulged that no doubt report in respect of the recovered crime empties and weapon of offence i.e. 30-bore pistol was found in positive, however, intriguing aspect of the matter was that the crime empties were shown to have been recovered from the spot on 19.05.2020, followed by weapon of offence from possession of the appellant on 20.05.2020, whereafter the Investigating Officer drafted application for sending the same to Forensic Science Laboratory on 21.05.2020, however, interestingly the crime empties and weapon were shown to have been received in the Forensic Science Laboratory on 29.07.2020 i.e. after considerable delay of more than two (02) months---In such eventuality a question of safe custody of the case property would also arise that where the same were lying during the intervening period, for which no explanation whatsoever could be offered by the prosecution---Appeal against conviction was allowed, in circumstances.

Dildar vs State S — 2026 YLR 766 PESHAWAR-HIGH-COURT

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