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)---Qatl-i-amd, possession of illicit arms---appreciation of evidence---Benefit of doubt---Police Officials as witnesses---Scope---accused was charged for committing murder of his wife on the pretext of kari---Defence objected that only Police Officials were produced as witnesses---No doubt, evidence of the Police Officials cannot be discarded simply because they belong to the police force, but where the fate of an accused hinges upon the testimony of the Police Officials alone, particularly in the case of capital punishment, it is necessary to find out if there is any possibility of securing independent persons at that time---In the present case, the fate of the accused hinged upon the testimony of Police Officials alone---Judicial approach has to be cautious in dealing with such evidence---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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