| Citation(s) |
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| 2026 SLG 919 2026 SLD 919 = 2026 PHC 2255 |
Peshawar High Court
Criminal Appeal No. 975-P/2025
Presented By: Hon’ble Mr. Justice Sahibzada Asadullah, J. Hon’ble Mr. Justice Inam Ullah Khan, J.
Date of hearing: 08.04.2026. Appellant by: Barrister Amir Khan Chamkani. State by: Mr. Mushtaq Rahim, AAG.
Respondent No. 02 by: Nemo.
Criminal Appeal No. 975-P/2025
Presented By: Hon’ble Mr. Justice Sahibzada Asadullah, J. Hon’ble Mr. Justice Inam Ullah Khan, J.
Date of hearing: 08.04.2026. Appellant by: Barrister Amir Khan Chamkani. State by: Mr. Mushtaq Rahim, AAG.
Respondent No. 02 by: Nemo.
Abdur Rehman
VS
The State & another
Law: Pakistan Penal Code, 1860
Section: 302-B, 324, 337-F(i), 15-AA
Law: Code Of Civil Procedure, 1908.
Section: 544-A, 382-B, 342, 340(2), 265-C
🔹 Summary of the Case The appellant Abdur Rehman was earlier convicted by the trial court for: Murder of Farhan Ali Injuring Mst. Sumera The prosecution claimed: Accused demanded drugs On refusal, he stabbed the deceased Also injured the complainant âš–ï¸ What the Appellate Court Found The High Court did NOT agree with the trial court because: ⌠Major Issues in Prosecution Case Contradictions in witness statements Complainant said she went to call family first Other witnesses claimed they were already present 👉 These statements did not match Doubtful presence of witnesses Names of witnesses were not mentioned in FIR Court treated them as chance witnesses Unnatural conduct Witnesses did not try to stop the attack Accused escaped easily Delay in FIR (2 hours 25 minutes) No proper explanation given Medical vs Ocular conflict Complainant claimed unconsciousness Doctor said she was fully conscious (GCS 15/15) Weak motive No proof that accused demanded drugs Motive remained unproven âš–ï¸ Final Decision Prosecution failed to prove case beyond reasonable doubt Benefit of doubt given to accused Conviction set aside Accused acquitted and released 📜 🔹 Sections Used in the Case Pakistan Penal Code (PPC) 302-B → Murder (Qatl-i-amd) 324 → Attempt to murder 337-F(i) → Injury (Shajjah) 15-AA → Arms offence Criminal Procedure Code (Cr.P.C.) 544-A → Compensation to victims 382-B → Benefit of previous detention 342 → Statement of accused 340(2) → Accused evidence on oath 265-C → Framing of charge 🧠🔹 Two 2-Word Descriptions Benefit Doubt Witness Contradictions Judgment Sheet Through the instant criminal appeal, the appellant Abdur Rehman, has questioned the legality and validity of judgment dated 27.09.2025 rendered by learned Additional Sessions Judge-III/MCTC, Nowshera, delivered in case FIR No. 431 dated 15.05.2022 under sections 302, 324, 337-F(i) PPC, read with section 15-AA, registered at Police Station Akora Khattak, District Nowshera, whereby the learned Judge has convicted and sentenced the…