Abid vs State Ss — 2025 MLD 945 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 MLD 945 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: MLD
Parties: Abid vs State Ss
Subject matter: Criminal

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

Abid VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Minor witness, evidence of---Reliance---Accused were charged for committing murder of the brother of complainant by inflicting axe blows---Undoubtedly, son of deceased was a minor, but his examination in chief and the replies of questions during cross-examination transpired that he was mentally mature and fit to answer the questions correctly and even during cross-examination he replied the questions correctly, which established the soundness of his mind and his statement could not be thrown aside merely on the ground of his minor age of 12/13 years rather his statement above alone enough to establish the charge against the culprit---Even otherwise, there was nothing on record showing that this witness was tutored by his elders---Rule of prudence required that the testimony of child witness should not be relied upon unless it was corroborated by some cogent evidence on the record---However, in the case in hand the statement of child witness had fully been corroborated by the direct evidence of complainant and a witness as well as the medical evidence---Thus, nothing adverse had come on record to disbelieve the evidence of said minor witness---Circumstances established that the prosecution had successfully proved the charge against the appellant beyond any shadow of reasonable doubt---Appeal against conviction was dismissed accordingly.

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