WAQAS AHMAD vs State S — 2025 SCMR 1087 SUPREME-COURT

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WAQAS AHMAD VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 129, illustration (g)---Qatl-i-amd---Re-appraisal of evidence---Un-explained delay in registration of FIR---Presence of complainant at place of occurrence---Proof---Giving up of material witness---Presumption---Benefit of doubt---Accused was convicted for qatl-i-amd and Trial Court sentenced him to death but High Court converted the sentence into imprisonment for life---Validity---Un-explained delay in lodging FIR created doubt in prosecution's case and benefit of the same had to be extended and construed in favour of accused---Statement of complainant suffered from material contradictions which had created serious doubt about his presence at the spot at the time of occurrence as well as veracity of his statement---Complainant's statement was not corroborated by any tangible substance, therefore, his testimony could not be made basis for recording conviction for offence entailing capital punishment---Two persons who according to complainant had also witnessed occurrence were abandoned by prosecution for no good reason---Adverse inference was drawn under Article 129(g) of Qanun-e-Shahadat, 1984 to the effect that had the two witnesses been produced by prosecution, they would not have supported prosecution's case---Such infirmities, glaring omissions and contradictions in prosecution's case led to the conclusion that prosecution had failed to prove charge against accused beyond reasonable doubt---For giving benefit of doubt it is not necessary that there should be so many circumstances, rather a single circumstance creating reasonable doubt in a prudent mind is sufficient for extending its benefit to accused not as a matter of concession but as of right---Supreme Court set aside conviction and sentence awarded by Courts below which were result of misreading and non-reading of evidence and accused was acquitted of the charge---Appeal was allowed.

WAQAS AHMAD vs State S — 2025 SCMR 1087 SUPREME-COURT

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