ABID vs State Ss — 2025 SCMR 1710 SUPREME-COURT

Case information

Citation: 2025 SCMR 1710 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
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), 404 & 34---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, dishonestly misappropriating property possessed by a deceased person at the time of his death, common intention---Reappraisal of evidence---Benefit of doubt---Material witnesses not produced for evidence---Adverse presumption against the prosecution case---Accused were charged for committing murder of the paternal uncle of the complainant---Record showed that during judicial confession of female appellant two children of the said appellant from her husband/deceased, aged about 12/13 years and about 8/9 years, were living in the same house, where the occurrence took place---Even in the site plan of the place of occurrence, the presence of two children of said female appellant and her husband/deceased was shown at point No. 2 but none from them was produced in the witness box by the prosecution---Said two children of female appellant and the deceased were the most natural witnesses of the occurrence because they were sleeping in the same room, where the occurrence took place but they were not produced in the witness box, therefore, an adverse inference under Article 129(g) of Qanun-e-Shahadat, 1984, could validly be drawn against the prosecution that had the said witnesses been produced in the evidence, they would not have supported the prosecution case---Circumstances established that the prosecution had failed to prove its case against the appellants beyond the shadow of doubt---Appeal against conviction was allowed, in circumstances.

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