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NASIR alias NASIREE vs State S — 2021 SCMR 1614 SUPREME-COURT

Case information

Citation
2021 SCMR 1614 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
NASIR alias NASIREE 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

NASIR alias NASIREE VS State S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence---Survival of complainant/witness unscathed during the assault, by itself, could not imply his absence from the scene and as such did not undermine his status as a witness worthy of credence---Complainant was a closely related resident of the locality, thus, his encounter with the deceased and the injured in the neighbourhood, did not raise eyebrows; steps taken by him after the incident were in consonance with the investigative details and, thus, confirmatory to his presence---Lengthy cross-examination of complainant failed to create doubts in his testimony, which was substantially in line with the ocular account furnished by two other witnesses that included an injured as well---Accounts furnished by the witnesses squarely constituted "proof beyond doubt", admitting no hypothesis other than accused's guilt whose absence from law for a period exceeding three years did not reflect well upon his unsupported plea of false implication---Regarding the issue of identification, the available source of light vividly shown in the site plan, in the given proximity inter se the parties, compromised of preponderance of overwhelming evidence, inescapably pointing to the culpability of the accused---Petition for leave to appeal was dismissed, leave was refused and conviction and sentences of accused were maintained.

Other judgments reported in 2021 SCMR

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