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ABDUL QADEER vs State S — 2024 SCMR 1146 SUPREME-COURT

Case information

Citation
2024 SCMR 1146 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
ABDUL QADEER vs State S
Provisions referred to
S. 7

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

ABDUL QADEER VS State S. 7(e)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Kidnapping for ransom---Reappraisal of evidence---Relevant witnesses not produced during trial by the prosecution---Effect---Adverse presumption against the prosecution---One of the prosecution witnesses was a business partner and nephew of the complainant---Version of said witness about narration of the occurrence by the alleged abductee to his father was lacking independent corroboration---Another witness, in whose presence the alleged abductee had narrated the details of the occurrence to the complainant, had not been produced by the prosecution at the trial---Son of the complainant who had allegedly received calls of the accused to arrange for the ransom at the earliest was neither associated during investigation nor produced at the trial as a prosecution witness---Under Article 129 (g) of the Qanun-e-Shahadat, 1984 the Court may presume that evidence which could be and is not produced would, if produced, be unfavorable to the person who withholds it---Hence, adverse inference was drawn to the effect that had the above witnesses been produced at the trial, they would not have supported the prosecution case---Prosecution had failed to prove the charge against the petitioner beyond reasonable doubt---Petition was converted into appeal and allowed, and the accused was acquitted of the charge.

Other judgments reported in 2024 SCMR

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