MUHIBULLAH vs State Ss — 2023 YLR 1094 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 1094 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: MUHIBULLAH vs State Ss
Subject matter: Criminal
Provisions referred to: S. 161

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

MUHIBULLAH VS State Ss. 302(b) & 397---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, robbery---Appreciation of evidence---Benefit of doubt---Withholding material evidence---Effect---Accused was charged for committing murder of the brother of the complainant by firing---Record showed that the prosecution had given up a witness whose statement was recorded by the Investigating Officer under S. 161, Cr.P.C.---Prosecution gave up said witness with mala fide intention because in his S. 161, Cr.P.C. statement, he stated that he was told by the friends of the deceased that the robbers had muffled faces and the one who made fire shot at deceased had a muffled face---Said facts suggested that evidence which could be but was not produced would, if produced, be unfavourable to the person who withheld it---Circumstances established that the prosecution had failed to prove the case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances and accused persons were acquitted.

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