FAROOQ vs State Ss — 2022 PCrLJN 49 KARACHI-HIGH-COURT-SINDH

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FAROOQ VS State Ss. 392, 397 & 34---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Robbery, robbery or dacoity with attempt to cause death or grievous hurt, common intention---Appreciation of evidence---Withholding material evidence---Effect---Accused were charged for looting the valuable articles from complainant and his friend on pistol point---Although, as per prosecution case, the accused robbed two persons i.e. the complainant and his brother-in-law, but only complainant had been examined---While other star witness/alleged eye-witness of the incident had been given up by the prosecution which was fatal to the prosecution case and was also hit by the provisions of Art. 129(g) of Qanun-e-Shahadat, 1984---Although, the plea taken by the prosecution in that behalf was that the said witness had left his place of residence and shifted to his native place in other Province---In order to establish that fact Investigating Officer of the case was also examined, however, the complainant had categorically admitted that the said witness was his brother-in-law---Strong presumption was that he must had known whereabouts of the said witness which could have been easily provided to the Court for issuance of process to him in the said Province, particularly in view of the fact that he was allegedly an eye-witness of the incident and even cash and other articles were looted from him---Evidence of said witness was very much material in order to decide the fate of the trial in accordance with law---Circumstances established that the prosecution had not succeeded in discharging obligation on its part---Appeal against conviction was allowed, in circumstances.

FAROOQ vs State Ss — 2022 PCrLJN 49 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported