Case Details

Citation(s)
2004 SLG 2448 2004 SLD 2448 2004 PCRLJ 1138
Peshawar High Court
Criminal Appeal No. 59 of 2003, decided on 31st March, 2003. DATE of hearing: 29th March, 2004
SHAH, JEHAN KHAN AND IJAZ-UL-HASSAN KHAN, JJ
Khawaja Nawaz Khan for Appellant. Muhammad Saleem Khan Gandapur for the State. Complainant in person

ARAB GUL

VS

MIR SHAH BAZ and another

Law:

Section:

(a) Penal Code (XLV of 1860)-------------S. 324---Appreciation of evidence---Sufficient material was on record to establish that accused while armed with Kalashnikov, fired at the complainant as a result of which complainant sustained serious injuries on his person---No discrepancy or conflict was found between the version of complainant and medical evidence---Objection that statement of complainant was not in consonance with medical evidence, was misconceived, in circumstances---During investigation, four empties of 7.62 bore discharging fresh smell and three spent bullets were recovered by Investigating Officer from the spot, which recovery also lent support to prosecution- case ---Prosecution case though largely depended on solitary statement of complainant; but conviction could be awarded on the basis of solitary statement of victim provided it rang true and inspired confidence---Quality of evidence and not the quantity was to be considered---Motive as furnished in F.I.R as well as in statement of complainant, was established satisfactorily---Mere absence or weakness of motive would not come in the way of prosecution, if same was otherwise proved by reliable evidence---Motive was not considered a sine qua non for proving the offence and mere absence of motive was no ground to doubt the truth of prosecution version--­Abscondence of accused at the most could be taken as corroborative piece of evidence and not the evidence of change and in absence of any other corroborative evidence, said evidence, even if found convincing, would not be sufficient by itself to warrant the conviction of accused--­Abscondence would go a long way to corroborate and strengthen the truth of the prosecution version---Prosecution had succeeded in proving its case against accused beyond reasonable…
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