IFTIKHAR KIYANI alias Khara vs State Ss — 2025 SCMR 1360 SUPREME-COURT

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IFTIKHAR KIYANI alias Khara VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Reappraisal of evidence---Minor contradictions in the statement of witnesses---Inconsequential---Accused-appellant was charged that he along with his co-accused committed murder of the brother of complainant---The argument that statements of the eye-witnesses were riddled with material contradictions and discrepancies did not bear merit---There were only minor inconsistencies for instance, that the complainant in his report stated that the firearm injury was sustained on the front of the neck by the deceased, whereas in his Court testimony he deposed that the shot passed through and through and this assertion stood contradicted by the medical evidence which indicated the entry wound was on the upper part of the chest near the neck and the exit wound was located at the mid-back---Other than this defence was unable to point to any substantial contradiction capable of undermining the foundational structure of the prosecution's case---Even otherwise, Court was fully convinced qua the presence of the eyewitnesses at the spot at the time of occurrence and their testimony was trustworthy and confidence inspiring, therefore, such minor inconsistencies in the testimony of the eyewitnesses with the medial evidence would not be sufficient for acquittal of the appellant---Minor discrepancies or omissions, which did not go to the root of the prosecution's case, were to be treated as inconsequential---Evidence of the prosecution was to be evaluated on the touchstone of quality rather than quantity---Moreover, it was not the identity or status of the person testifying that determined the credibility of the evidence, but the content and coherence of the testimony itself---Therefore, it was the statement that was to be judged and not the person and it must be weighed on the scales of logic, consistency, and truthfulness---Circumstances established that the prosecution had successfully established the guilt of the appellant beyond shadow of reasonable doubt---Appeal was dismissed accordingly.

IFTIKHAR KIYANI alias Khara vs State Ss — 2025 SCMR 1360 SUPREME-COURT

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