WALEED SHAH vs State Ss — 2022 PCrLJN 1 KARACHI-HIGH-COURT-SINDH

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WALEED SHAH VS State Ss. 302(b), 506(ii), 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, criminal intimidation, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Withholding material evidence---Effect---Accused was charged that he along with co-accused made firing upon the brother of complainant, who was hit and died---Record showed that the eye-witness/nephew of complainant who was natural and material witnesses of the alleged incident was given-up and not examined by the prosecution---Said act of withholding evidence of most natural and a material witness of occurrence had created an impression that, had said witness been brought into witness-box,he might not have supported the prosecution, rather he would have deposed against the prosecution---Prosecution, in such eventuality must not be in position to avoid the consequence in view of Art. 129(g) of Qanun-e-Shahadat, 1984, which provided that, the evidence which could be and was not produced would, if produced, be unfavourable to person who withheld it---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

WALEED SHAH vs State Ss — 2022 PCrLJN 1 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported