RUSTAM ALI SHAR vs State S — 2024 PCrLJ 68 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 PCrLJ 68 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: PCRLJ
Parties: RUSTAM ALI SHAR vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 23

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

RUSTAM ALI SHAR VS State S. 302(b)---Sindh arms act (V of 2013), S. 23(1)(a)---Qanun-e-Shahadat (10 of 1984), art. 129(g)---Qatl-i-amd, possession of illicit arms---appreciation of evidence---Benefit of doubt---Withholding material evidence---Scope---accused was charged for committing murder of his wife on the pretext of kari---From the perusal of evidence it appeared that it was a case of spy information and incident occurred in day time---Police (aSI) had failed to associate with him independent persons of the locality---Moreover, it had come on record that some ladies were present at the time of incident, but they were not examined by the prosecution at trial---Presumption would be drawn, if said persons would have been examined, they might have not supported the case of prosecution---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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