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Citation Name: 2024 PCrLJ 42 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD RAHIM vs State S — 2024 PCrLJ 42 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 PCrLJ 42 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
PCRLJ
Parties
Citation Name: 2024 PCrLJ 42 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD RAHIM 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

Citation Name: 2024 PCrLJ 42 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD RAHIM 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 evidence---Residents of locality not produced as witnesses---Accused was charged for committing murder of the brother of the complainant by firing---According to the site plan as prepared by the Investigation Officer, near and around the place of occurrence, there were shops and houses constructed---Complainant also stated that people of the locality gathered near the place of occurrence---During cross-examination, complainant further admitted that 30/40 people came to the spot---None of those who had their houses and shops near the place of occurrence joined the investigation of the case and also did not appear before the trial Court to support the prosecution case---Prosecution was under a bounden duty to produce the witnesses who were the residents of the place of occurrence---Article 129 of the Qanun-e-Shahadat, 1984, provided that if any evidence available with the parties was not produced, then it would be presumed that had that evidence been produced the same would have been gone against the party producing the same---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was accordingly allowed.

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