SAFDAR ALI vs State Ss — 2025 SCMR 1437 SUPREME-COURT

Case information

Citation: 2025 SCMR 1437 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: SAFDAR ALI 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

SAFDAR ALI VS State Ss. 365-B, 376 & 34---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Forcible abduction, rape, common intention---Reappraisal of evidence---Withholding material witness---Effect---Petitioners were convicted and sentenced by Trial Court for abducting daughter of complainant and committing rape with her---High Court dismissed the appeal whilst upholding conviction---Validity---Complainant stated in the FIR that "S" had witnessed the occurrence---Consequently, "S" was an important witness of the prosecution---However, the prosecution failed to present him before the Court to substantiate the allegations against the petitioner thereby withholding its best evidence---Non-production of most natural and material witnesses to the occurrence would strongly suggest prosecution's misconduct---Such fact would be regarded as a source of undue advantage for the prosecution and a suppression of material facts that would cause prejudice to the accused---Act of withholding the most natural and material witness of the occurrence would create the impression that the witness would not have supported the prosecution if he had been brought into the witness box---Consequently, the prosecution would not be able to whitewash the consequences in such an event---Circumstances established that the prosecution had failed to establish the guilt of the petitioner beyond a reasonable doubt, as such, the instant petition was converted into an appeal and the same was allowed, in circumstances.

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