| Citation(s) |
|---|
| 2004 SLG 2446 2004 SLD 2446 2004 PCRLJ 1129 |
Peshawar High Court
Criminal Appeal No. 611 and Criminal Revision No. 17 of 2003, decided on 29th December, 2003. DATE of hearing: 12th December, 2003
IJAZ-UL-HASSAN KHAN, J
Zahoorul Haq for Appellant. Muhammad Jamshed Khan for the State. Mian Qamar Gul Kakakhel for the Complainant
Criminal Appeal No. 611 and Criminal Revision No. 17 of 2003, decided on 29th December, 2003. DATE of hearing: 12th December, 2003
IJAZ-UL-HASSAN KHAN, J
Zahoorul Haq for Appellant. Muhammad Jamshed Khan for the State. Mian Qamar Gul Kakakhel for the Complainant
RAHIM SHAH
VS
THE STATE and another
Law:
Section:
(a) Penal Code (XLV of 1860)--------Ss. 324/337-F(v)---Appreciation of evidence---Corroboration, rule of---Applicability---Complainant/victim had fully supported prosecution version and charged accused for causing him fire-arm injuries--Complainant was subjected to lengthy and searching cross-examination, but nothing could be elicited to shatter his testimony---Discrepancies in statement of complainant were inconsequential and not fatal to prosecution case---Report had been made to police promptly without much delay and accused was specifically named therein---Rule of corroboration was to be applied as an abundant caution and was not a mandatory rule to be always and necessarily insisted in each case--Requirement of corroboration depended upon the facts and circumstances of each case and in the nature of evidence in said case---If the evidence did not suffer from any major or significant contradiction, the corroboration was not insisted---Prosecution case, though largely depended on solitary statement of complainant, but conviction could be awarded on the basis of solitary statement of the victim provided it rang true and inspired confidence---Quality of evidence and not quantity which was to be considered---Accused could not prove that medical evidence was in conflict with prosecution story and that victim had concealed material fact from the Court---Preparation of site-plan on the following day of occurrence at the pointation of prosecution witness or non-association of complainant was not fatal to prosecution case---Two empties of .12 bore and blood-stained earth recovered from the spot, had fully established the venue of occurrence---Accused remained fugitive from law for about - 10 months without any plausible and reasonable explanation ---Abscondence though by itself was not sufficient to convict accused, but it was a strong piece of corroborative evidence of direct and circumstantial evidence in the case---Conduct of accused after occurrence was indicative of his guilt when considered in conjunction with ocular and circumstantial evidence in the case --Complainant in addition to receipt of injury on the right hand, also had sustained injury on his…
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