ADIL vs State Ss — 2022 PCrLJN 47 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

ADIL VS State Ss. 302, 324, 365, 376 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, kidnapping or abducting with intent secretly and wrongfully to confine a person, rape, common intention, act of terrorism---appreciation of evidence---Withholding best evidence---Scope---accused were charged for committing rape upon the sister and niece of complainant and then murdering the brother-in-law, sister and two nephews of the complainant and also injuring his niece---Record showed that daughter of one of the deceased and son of one of the deceased who were also in the house at the time of the beatings and rape and were also taken to the plot where they also witnessed the shooting of the deceased and were saved by eye-witness were about 13 to 14 and 12 to 13 years of age respectively at that time and would have been about 15 to 16 and 14 to 15 years of age respectively at the time of trial but did not give evidence for the prosecution at trial---Both would have been mature enough to support the evidence of eye-witness and as such it appeared that the prosecution deliberately chose to omit some of the best evidence without any reason which tended to undermine the prosecution case---Circumstances established that the prosecution had failed to prove its case against the accused beyond of any reasonable doubt---appeal against conviction was allowed, in circumstances.

ADIL vs State Ss — 2022 PCrLJN 47 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported