MUHAMMAD SHAKEEL alias CHOTOO vs State Ss — 2024 MLD 286 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 286 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: MUHAMMAD SHAKEEL alias CHOTOO vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---Q

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 SHAKEEL alias CHOTOO VS State Ss. 302(b), 324, 109 & 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, abetment, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Withholding best evidence---accused was charged that he along with his co-accused made a firing upon the complainant party, due to which three persons died and two were injured---Record showed that an injured eye-witness at the crime scene who was the star eye-witness of the prosecution was given up by the prosecution without any reasonable explanation and as such as per art. 129(g), Qanun-e-Shahadat, 1984, an adverse inference could be drawn that he would not have supported the prosecution case---Thus, the prosecution deliberately withheld the best evidence available to them---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of any doubt---appeal against conviction was accordingly allowed.

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