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ZULFIQAR ALI vs State S — 2021 SCMR 1373 SUPREME-COURT

Case information

Citation
2021 SCMR 1373 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
ZULFIQAR ALI 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

ZULFIQAR ALI VS State S. 302(b)--- Qatl-i-amd---Reappraisal of evidence---Benefit of doubt---Presence of witnesses at scene of occurrence doubtful---Record of the case showed that accused operated with impunity in inflicting fatal blows to the deceased persons despite presence of numerous witnesses---One of deceased, who was attacked with a barber razor, was a young female with average-built, who could not be expected to be a static target offering no resistance---Razor commonly used by the barbers, given its moving handle instead of a fixed grip, was an instrument to be managed with some difficultly against a moving object; it risked the handler more than the intended target unless the victim stayed still like a stone, which possibility was beyond contemplation due to the presence of witnesses nearby to foil the attempt, including three able-bodied males in their youth---Inaction on part of said witnesses was mind boggling, a circumstance that in retrospect insinuated their absence at the scene---Two of the said witnesses, named conspicuously in the crime report failed to come forward to support the prosecution case---Prosecution had not come forward with the whole truth and that presented a situation which did not allow, in the absence of evidentiary certainty, to maintain conviction of accused without potential risk of error---Consequently, by extending benefit of the doubt, appeal was allowed and accused was acquitted of the charge.

Other judgments reported in 2021 SCMR

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