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SHAFQUAT HUSSAIN vs State Ss — 2024 MLD 327 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 327 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
SHAFQUAT HUSSAIN 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

SHAFQUAT HUSSAIN VS State Ss. 302, 324, 147, 148, 149 & 114---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, common object, rioting armed with deadly weapon, unlawful assembly and abettor present when offence committed---Appreciation of evidence---Complainant and one prosecution witness (an eye-witness) both had stated that at the time of incident, another cousin was also present with them, but said cousin filed an application in Trial Court stating that he had not seen the incident, which was taken on record and the Trial Court had mentioned about it in the impugned judgment, thereafter, the Counsel also filed a statement giving up said prosecution witness---Illustrations (g) to Art. 129 of the Qanun-e-Shahadat, 1984, in such a case would be attracted that the said witness, if had been examined, would not have supported the prosecution case; his filing application and non-examination had, to a certain extent, dealt a severe blow to presence of witnesses at the spot, which if seen with the other/some discrepancies of the evidence would lead one to get suspicious about presence of witnesses on the spot and the manner in which incident had been described by them to have happened---Prosecution, because of existence of doubt, had not succeeded in proving the case against the appellant---Appeal filed by the accused was allowed, in circumstances.

Other judgments reported in 2024 MLD

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