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MUHAMMAD IJAZ vs State S — 2022 YLRN 66 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLRN 66 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
MUHAMMAD IJAZ vs State S
Subject matter
Criminal
Provisions referred to
S. 302

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

MUHAMMAD IJAZ VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Withholding material witness---Effect---Accused was charged for committing murder of his wife/daughter of complainant---Real sister of the deceased was married with the brother of the accused---Complainant had admitted during her cross-examination that said sister of deceased was present in the house of occurrence at the relevant time but she had not been cited by the prosecution as an eye-witness in the case without assigning any valid reason---Evidently, real sister of the deceased being inmate of the house of occurrence was natural eye-witness of the occurrence but she had not been produced in the witness box by the prosecution---Best evidence had been withheld by the prosecution, therefore, an adverse inference under Art. 129(g) Qanun-e-Shahadat, 1984, could validly be drawn against the prosecution that had the said witness been produced in the witness box she would not have favoured the prosecution case---Circumstances established that the prosecution had failed to prove its case against the accused beyond the shadow of doubt---Appeal against conviction was allowed, in circumstances.

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