Khadim Hussain vs State S — 2024 YLR 2247 FEDERAL-SHARIAT-COURT

Case information

Citation: 2024 YLR 2247 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2024
Reporter: YLR
Parties: Khadim Hussain vs State S
Subject matter: Criminal
Provisions referred to: S. 17; Penal Code (XLV of 1860)

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

Khadim Hussain VS State S. 17(4)---Penal Code (XLV of 1860), Ss. 202 & 412---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Harrabah, intentional omission to give information of offence by person bound to inform, dishonestly receiving property stolen in the commission of dacoity---Appreciation of evidence---Material witness not examined---Effect---Accused were charged for committing murder of the brother and nephew of the complainant during dacoity---Witness, who having nominated the accused on the basis of hearsay evidence in his statements under Ss.161 and 164, Cr.P.C, was to be examined by the prosecution to substantiate such aspects of its case, but instead of examining him, the prosecution abandoned him taking plea that he was mentally sick vide statement of the prosecutor, but no proof about his ailment was produced and even no prescription and/or a laboratory report etc, was brought on the record which could show such ailment of said witness---In such view of the matter, it could safely be said that said witness had not come forward to support the prosecution case and thus an adverse inference in that regard could legitimately be drawn, under Illustration (g) to Art. 129 of the Qanun-e-Shahadat, 1984, against the prosecution---Appeal against conviction was accordingly allowed.

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