Case Details

Citation(s)
2016 SLG 2715 2016 SLD 2715 2016 PCRLJ 513
Peshawar High Court
Criminal A. No. 321-P of 2007, decided on 28th October, 2015. Date of hearing: 28th October, 2015.
MUHAMMAD DAUD KHAN, JUSTICE AND HAIDER ALI KHAN, JUSTICE
Arbab Aziz Ahmad for Appellant. Khwaja Salah-ud-Din for
Respondent. Rafiq Ahmad, A.A.G. for the State.

ABDUL KARIM - --Appellant

VS

KHALIQ JAN AND ANOTHER - --Respondent

Law:

Section:

(a) Criminal trial --------- ----------Confession --------- Retracted confession --------- Scope --------- Conviction of an accused can rightly be based on his retracted confession if court is satisfied that accused voluntarily recorded the same. Muhammad Amin v. State PLD 2006 SC 219; PLD 1960 SC (Pak.) 313 and Manjeet Singh v. The State PLD 2006 SC 30 rel. (b) Criminal trial --------- ----------Evidence --------- Child witness --------- Scope --------- Child can be a good witness provided he is capable of understanding and able to give rational answers to questions put to him. Maqsood Khan v. The State 1982 SCMR 757 rel. (c) Penal Code (XLV of 1860) --------- ----------S. 302 --------- Anti-Terrorism Act (XXVII of 1997), S. 7(a) --------- Criminal Procedure Code (V of 1898), S. 417 --------- Qatl-i-amd and terrorism --------- Appeal against acquittal --------- Appreciation of evidence --------- Double murder --------- Evidence of child witness --------- Retracted confession --------- Accused was acquitted by the Trial Court by disbelieving prosecution evidence in a case where two persons were murdered --------- Validity --------- Medical reports available on record fully corroborated prosecution case --------- Injuries sustained by male deceased on front side of his body corroborated statement of an eye-witness, similarly, injuries sustained by female deceased on backside of her body corroborated site plan as well as story depicted in FIR --------- Forensic Science Laboratory reports, regarding blood-stained earth/sand collected from two spots of occurrence and blood-stained clothes of two deceased, was in positive which further strengthened prosecution version --------- Witnesses of recovery memos prepared in such regard by Investigating Officer were consistent in their deposition and their testimony was intact despite lengthy cross-examination --------- Both sets of recovery memos, i.e., Kalashnikov and empty shells were examined through Forensic Science Laboratory which report was available on record --------- According to the report of Forensic Science Laboratory, 14 empty shells from two spots of occurrence were fired from 7.62 mm bore SMG rifle which…
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