Ashraf vs State Ss — 2025 YLR 2424 QUETTA-HIGH-COURT-BALOCHISTAN

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Ashraf VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Benefit of doubt---Ocular account not proved---Accused was charged for committing murder of the son of complainant and causing firearm injures to another person---Ocular account was furnished by injured witness and an eye-witness, who claimed to be present at the place of occurrence and witnessed the alleged incident---During cross-examination, eye-witnesses stated that they witnessed the alleged incident from a distance of one kilometer---Claim of the prosecution witnesses to have seen the alleged occurrence from such a long distance appeared to be a claim which could be accepted only with a grain of salt---Reliability of the eye-witnesses' identification was deeply influenced by the distance between the witness and the perpetrator at the time of the event---Importance of incorporating scientific research in criminal cases could not be negated---Scientific research established that individuals with average eyesight could not accurately recognize facial features up to a distance of 40 meters---Distance from which the witnesses claimed to have observed the incident with graphic details was critical in assessing their account's truthfulness and ability---General rule was that at a distance of 500 meters (half a kilometer), even individuals with excellent visual acuity would struggle to discern specific details of an event, particularly when the incident involved a rapid moment, or if it occurred in an area that was not well lit or had obstructions that could hinder vision---Furthermore, even under optimal conditions, a man's eyesight was not designed for sustaining observations of minute details at such a distance---Thus, the claim of the witnesses was not only a tall claim but also one that was too far-fetched to be accepted by a prudent mind---Circumstances established that the prosecution had miserably failed to establish the culpability of the appellant in the instant case---Appeal against conviction was allowed, in circumstances.

Ashraf vs State Ss — 2025 YLR 2424 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported

Other judgments reported in 2025 YLR