Yar Muhammad alias Zakar vs State Ss — 2025 YLR 1857 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 1857 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Yar Muhammad alias Zakar 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

Yar Muhammad alias Zakar VS State Ss. 11-F, 11-H, 11-J, 11-OOO & 11-N---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Prohibition of acts intended or likely to stir up sectarian hatred, membership, support and meetings relating to a proscribed organization, funding arrangements---Fund raising---Appreciation of evidence---Benefit of doubt---Failure to produce important case property before court---Effect---Accused was arrested for providing his services to the proscribed organization and an amount was recovered meant for the assistance of martyr activists of the banned organization---Prosecution had failed to produce the Pashto written letter containing the stamp of banned organization i.e. DAESH before the Trial Court on the basis whereof the appellant was arrested and convicted---Definitely, the letter in question was required to be produced by the prosecution in support of its version, but admittedly the prosecution had failed to produce the case property i.e. the Pashto written letter containing the monogram of proscribed organization DAESH before the trial Court---Once the recovery memos. was prepared, the next step for the prosecution was to produce the same before the Trial Court to prove the recovery of the material and preparation of the memo. through the scribe and marginal witnesses---Thus, best piece of evidence was not produced before trial Court, meaning thereby the prosecution withheld the best evidence, which undermined the prosecution's credibility, contributing to the acquittal of the accused---Appeal against conviction was allowed, in circumstances.

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