Muhammad NIaz alias Aalian vs State Ss — 2025 YLR 2709 ISLAMABAD

Case information

Citation: 2025 YLR 2709 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: YLR
Parties: Muhammad NIaz alias Aalian vs State Ss
Subject matter: Criminal
Provisions referred to: S. 161

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

Muhammad NIaz alias Aalian VS State Ss. 302(b) & 397---Qatl-i-amd, robbery or dacoity with attempt to cause death or grievous hurt---Appreciation of evidence---Benefit of doubt---Presence of eye-witness at the spot not proved---Accused was charged for committing murder of the son of complainant during dacoity---Sole eyewitness to the occurrence stated that the appellant allegedly intercepted the vehicle of the deceased, committed robbery at gunpoint and fatally shot the deceased upon resistance---However, the presence of eye-witness at the scene was not independently corroborated by any other evidence---Notably, statement of said witness under S.161, Cr.P.C., was recorded belatedly, which raised legitimate concerns about its spontaneity and veracity---Eye-witness, who claimed his presence at the spot, must satisfy the mind of the Court through some physical circumstances or through some corroborative evidence in support of his presence at the spot, which were missing in the present case qua the eye-witness---Present case was one of a blind occurrences, wherein no accused was nominated in the FIR---Thus, independent and trustworthy corroboration of the prosecution's version was required---In the absence of such corroboration, the testimony of eye-witness could not be safely relied upon---Appeal of appellant against conviction was allowed, in circumstances.

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