HANIFULLAH alias PENTAR vs HABIB UR REHMAN Ss — 2021 YLR 899 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 899 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: HANIFULLAH alias PENTAR vs HABIB UR REHMAN 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

HANIFULLAH alias PENTAR VS HABIB UR REHMAN Ss. 302(b), 324, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Withholding of material evidence--- Effect---Prosecution case was that the accused party made firing upon the complainant party, due to which two persons died including the son of complainant---Record showed that brother of one of the deceased was abandoned and his non-production told nothing but that he was not ready to support the false charge of the complainant---Withholding of the best possible evidence favoured none but the accused---Article 129(g) of the Qanun-e-Shahadat, 1984, catered for the situation and the court had no option but to apply the principle of negative inference---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

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