RAFAQAT ALI alias FOJI vs State S — 2024 SCMR 1579 SUPREME-COURT

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RAFAQAT ALI alias FOJI VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---No crime empties recovered from place of occurrence---Consequential---No crime empty or pellets were recovered from the place of occurrence---In this regard one of the witnesses had furnished contradictory explanation in his cross-examination by stating that one crime empty was collected from the spot and that the empty cartridge was taken away by the convict in his gun---Report of the firearm expert confirming that 12 bore rifle (allegedly recovered on the disclosure and pointation of the convict from his house) was in working condition, had already been held inconsequential by the Appellate Court and as such, same could not be considered as incriminating/corroborative piece of evidence against the convict/petitioner---Prosecution had failed to prove the charge against the convict beyond reasonable doubt---Jail petition was converted into appeal and was allowed, and the petitioner was acquitted of the charge. Citation Name: 2024 SCMR 1579 SUPREME-COURTBookmark this Case RAFAQAT ALI alias FOJI VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Failure to collect blood stained earth---Consequential---Admittedly no blood stained earth was collected from the alleged place of occurrence during investigation and in this regard no explanation had been offered by any prosecution witness including the Investigating Officer---This created serious doubt about the place of the occurrence as narrated by the prosecution witnesses---Prosecution had failed to prove the charge against the convict beyond reasonable doubt---Jail petition was converted into appeal and was allowed, and the petitioner was acquitted of the charge. Citation Name: 2024 SCMR 1579 SUPREME-COURTBookmark this Case RAFAQAT ALI alias FOJI VS State S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence--- Dishonest improvements by witnesses---Possibility of false implication---Both witnesses claimed that they were accompanying the deceased at the time of occurrence but surprisingly they did not receive any firearm injury---It was not believable that by killing a person in presence of his close relatives accused/petitioner would not attempt to cause any injury to the prosecution witnesses leaving evidence to be hanged---Both said witnesses had also made dishonest improvements in their statements at the trial---Ocular testimony of both witnesses was lacking corroboration in material aspects---In view of all this, false implication of the convict/petitioner by the witnesses due to previous enmity could not be ruled out of consideration---Prosecution had failed to prove the charge against the convict beyond reasonable doubt---Jail petition was converted into appeal and was allowed, and the petitioner was acquitted of the charge. Citation Name: 2024 SCMR 1579 SUPREME-COURTBookmark this Case RAFAQAT ALI alias FOJI VS State absconsion---Principles---Conviction---Mere absconsion is not conclusive proof of guilt of an accused---It is only a suspicious circumstance which cannot take place of proof---Value of absconsion, therefore, depends on the fact of each case---Mere absconsion of an accused cannot be made basis of conviction---absconsion of an accused, being a relevant fact, can be used as a corroborative piece of evidence but cannot be read in isolation and has to be read along with the substantive pieces of evidence---abscondence can never remedy the defects in the prosecution case as it is not necessarily indicative of guilt---Moreover, abscondence is never sufficient by itself to prove the guilt.

RAFAQAT ALI alias FOJI vs State S — 2024 SCMR 1579 SUPREME-COURT

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