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Nazir Ahmad vs State Ss, 302(b), 147, 148 & 149 — 2025 YLR 1545 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 YLR 1545 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
YLR
Parties
Nazir Ahmad vs State Ss, 302(b), 147, 148 & 149
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

Nazir Ahmad VS State Ss, 302(b), 147, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Material witness not produced for evidence---Adverse presumption---Effect---Accused were charged for committing murder of the son of complainant by firing---Record showed that one of the important eye-witnesses was nephew of complainant, who was not produced before the Court---Though, said witness appeared on 28.12.2022, but his statement was not recorded and thereafter he was never produced before the Court, amounting to withholding material evidence, which offended Art.129(g) of the Qanun-e-Shahadat, 1984---Presumption was that had such witness been produced before the Court, he would not have supported the prosecution version---It also raised the presumption that evidence which could be and was not produced would, if produced, be un-favourable to the person who withholds it---Circumstances established that the prosecution had failed to prove the indictment---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2025 YLR

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