ZAHID vs State S — 2021 MLD 1097 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 1097 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: ZAHID vs State S
Subject matter: Criminal
Provisions referred to: S. 302

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ZAHID VS State S.302(b)---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Qatl-i-Amd---Appreciation of evidence---Maxim: Falsus in uno falsus in omnibus---Applicability---Witness not produced---Presumption---Eyewitness shown in site plan was abandoned by prosecution for unknown reasons---Adverse inference under Art.129(g) of Qanun-e-Shahadat, 1984, could be safely drawn that if that witness had entered into witness box then he would not have supported prosecution case--- Medical evidence was in conflict with ocular evidence and reliance of such ocular testimony was unsafe---Such evidence was not believed and was discarded--- Prosecution witnesses did not tell the actual truth rather posing themselves to the principle of 'falsus in uno, falsus in ominibus' i.e. 'false in one thing, false in everything--- Believing such evidence by Court would be against administration of criminal justice resulting into judicial death of an innocent accused---Either prosecution witnesses were not present on the spot or they were not telling the truth---Prosecution had failed to build any nexus of accused with commission of offence---High Court set aside the conviction and sentence awarded by Trial Court and acquitted the accused of the charge---Appeal was allowed in circumstances.

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2021 MLD 972 QUETTA-HIGH-COURT-BALOCHISTANALLAH BAKHSH VS State Benefit of doubt---Principle---Conviction must be found on unimpeachable evidence and certainty of guilt---Any doubt a…
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