Mir Hassan vs State S — 2025 YLR 645 QUETTA-HIGH-COURT-BALOCHISTAN

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Mir Hassan VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Circumstantial evidence---Video clip of deceased not sent for forensics---Accused was charged for committing murder of the deceased---Deposition of complainant was relevant, but he was not the eye-witness of the occurrence---Said witness lodged the report with the police station on the basis of information received by him on a phone call, regarding murder of deceased---According to said witness, the deceased had a Facebook ID with the name of "MP", who on the fateful day had uploaded and posted a live video on his account, which went on the internet, showing the deceased with one unknown person, having liquor and a knife could also be seen in the said video clip---Said witness stated that he had recorded the said video clip in USB and handed over the same to the police, besides a box of mobile phone of deceased---Autopsy of the deceased was not conducted on his request---Said witness further stated that the deceased had left his wife and children and had come to place "H" alone---Said witness raised finger towards appellant and stated that he was the person, whom he had seen in the said video---During cross-examination, said witness admitted that he did not state that he could identify the person visible in the said video---Landlord of the house, where the murder was committed also saw nothing---Prosecution had failed to establish the source of recording the said video and its safe custody---Moreso, since the prosecution had failed to send the said video for forensic analysis to the Forensic Science Laboratory in order to rule out the said video being doctored or an outcome of Artificial Intelligence etc., thus placing reliance on such piece of evidence would not be safe, particularly in a case, where punishment of a capital sentence was involved---Merely seeing the appellant in the company of the deceased, would itself not be sufficient as proof of the guilt---Moreover, there was also no evidence that on which date the said video clip was made and put on the website---Appeal against conviction was allowed, in circumstances.

Mir Hassan vs State S — 2025 YLR 645 QUETTA-HIGH-COURT-BALOCHISTAN

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