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NADIR KHOSO vs State Ss — 2024 YLR 1565 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 1565 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
NADIR KHOSO vs State Ss
Subject matter
Criminal
Provisions referred to
S. 161

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

NADIR KHOSO VS State Ss. 302(b), 114, 147, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, abettor present when occurrence took place, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Alleged eye-witness not produced before Trial Court---Effect---Adverse presumption against prosecution---Accused were charged for committing murder of the son of complainant by firing---One witness was alleged to have seen the incident and his statement under S. 161, Cr.P.C., was also recorded by the police, thus he was an important eye-witness of the incident---However, said witness was not produced before the Trial Court and was given up by the prosecution on the basis of application moved by the complainant---It was not understandable that as to why such an important and essential eye-witness was given up by the prosecution merely on the whims of the complainant---Said fact was injurious to the prosecution case as despite availability of essential witnesses, non-examination of such witnesses in the case raised an inference that in case such witness had been examined, he would have deposed against the prosecution, as envisaged under Art. 129(g) of Qanun-e-Shahadat Order, 1984---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 YLR

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