BAKHT RAWAN vs State Ss — 2021 YLRN 79 PESHAWAR-HIGH-COURT

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BAKHT RAWAN VS State Ss. 302(b), 109 & 34---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, abetment common intention---Appreciation of doubt---Benefit of doubt---Withholding material witnesses---Scope---Accused was charged for committing murder of mother and sister-in-law of the complainant on the instigation of co-accused---In the present case, the prosecution witnesses had admitted in their cross-examination that there were several houses near the place of occurrence and the people had attracted to the spot on hearing firing shots but no independent witness of the houses surrounding the place of occurrence was produced in support of the allegation against the present accused---Even an impartial eye-witness of the occurrence, who was shown in the site plan, was abandoned---Said situation drew an adverse inference under Art.129(g) of the Qanun-e-Shahadat, 1984, that had the prosecution produced the said witness at trial stage he would not have supported the prosecution case---Circumstances established that the prosecution case was full of various inconsistencies of glaring nature, which were sufficient to create several reasonable doubts in prudent mind qua the guilt of the accused---Appeal against conviction was allowed, in circumstances.

BAKHT RAWAN vs State Ss — 2021 YLRN 79 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported