NASRULLAH alias MOMIN vs State Ss — 2023 PCrLJ 589 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 589 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: NASRULLAH alias MOMIN vs State Ss
Subject matter: Criminal

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

NASRULLAH alias MOMIN VS State Ss. 302 & 397---Qanun-e-Shahadat (10 of 1984), Art. 129, Illustration (g)---Qatl-i-amd and robbery or dacoity with attempt to cause death or grievous hurt---Appreciation of evidence---Complainant not an eye-witness---Best evidence, withholding of---Presumption---Accused was convicted by Trial Court for committing robbery with causing death and was sentenced to imprisonment for ten years---Validity---Complainant was not eye-witness of the occurrence and no eye-witness was cited in FIR---Subsequently, complainant introduced an eye-witness through his supplementary statement---Such kind of witness nominated later on through supplementary statement was made for the purpose to strengthen case of prosecution at the behest of police or some other ulterior motives---Such aspect was enough to shatter credibility of such witness---Material witnesses of secure and safe custody as well as safe transmission of crime weapon to Forensic Science Laboratory were not produced, which was a clear violation of provision of Art. 129, Illustration (g) of Qanun-e-Shahadat, 1984---Prosecution failed to establish charge against accused as the evidence was suffering from infirmities and there existed sufficient doubts in the case of the prosecution---Trial Court failed to extend benefit of doubts to the accused and judgment of Trial Court was suffering from misreading and non-appreciation of evidence available on record---High Court set aside conviction and sentence awarded by Trial Court and accused was acquitted of the charge---Appeal was allowed accordingly.

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