ABDUL HAKEEM vs State Ss — 2021 PCrLJ 1538 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 PCrLJ 1538 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: PCRLJ
Parties: ABDUL HAKEEM vs State Ss
Subject matter: Criminal

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

ABDUL HAKEEM VS State Ss. 302 (b) & 324---Qatl-i-amd and attempt to Qatl-i-amd---Appreciation of evidence---Maxim falsus in uno Falsus in omnibus---Applicability---Six accused persons were nominated in FIR for committing indiscriminate firing which resulted into death of two persons---Testimony of ocular witnesses was disbelieved in respect of co-accused and complainant did not assail his acquittal which had attained finality---If a set of witnesses' statement was believed to the extent of some accused, the same could not be disbelieved to the extent of remaining accused without there being any strong corroboration---Such corroboration was lacking against accused--- Maxim falsus in uno falsus in omibus was applicable---Conviction must be founded on unimpeachable, trustworthy and reliable evidence and certainty of guilt---Any doubt arising in prosecution case was to be resolved in favour of accused---Burden of proof was always on prosecution to prove its case beyond reasonable shadow of doubt---Prosecution could not take benefit of weaknesses of defence---Trial Court had convicted the accused and one accused was acquitted of the charge, while remaining accused were declared as preclaimed affenders---High Court set aside conviction and sentence awarded to accused by Trial Court and acquitted him of the charge--- Appeal was allowed in circumstances.

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