ASAD SHAH vs State S — 2021 YLR 1199 PESHAWAR-HIGH-COURT

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ASAD SHAH VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Statement of child witness---Scope---Accused was charged for committing murder of the sister of the complainant---Most important evidence in the case was the statement of the child witness/ daughter of deceased---At the time of recording of her statement, she was 9/10 years old---Trial Court had put certain questions to the child to satisfy itself regarding her understanding vis-à-vis her capability for deposing as witness---One day before the date of occurrence, minor witness met the accused in the street, who handed her a piece of paper inscribed with his mobile phone number and told her that it should be handed over to her mother---Minor witness accordingly brought the said piece of paper and handed over to her mother i.e. the deceased then alive, who replied that she did not want to talk to any stranger---Accused was stated to have entered their house one day before the occurrence at Isha time and was told by her mother that her husband was not at home and he should therefore immediately leave the house and should not throw stones at the door of their house---Minor witness had charged the accused for the murder of her mother---Said child who was presented as star witness of the prosecution against the accused had not seen the occurrence---Motive narrated by that witness was also of such a nature that did not seem to be that much potent to have compelled the accused to kill the deceased---Even otherwise the statement of a child witness was to be accepted with great care and caution---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

ASAD SHAH vs State S — 2021 YLR 1199 PESHAWAR-HIGH-COURT

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