Muhammad Afzal vs State S — 2025 YLR 941 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 941 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Muhammad Afzal vs State S
Subject matter: Criminal
Provisions referred to: S. 302; 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 Afzal VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd---Appreciation of evidence---Withholding material witnesses---Effect---Accused was charged for committing murder of the sister of complainant by cutting her throat with a sharp edged sickle---Complainant admitted during cross-examination that in the house of occurrence he saw two or three sons of the deceased and out of them two were above the age of 12 years and were in a position to make statement---Said sons of deceased being residents of the house, where the occurrence took place were the most natural witnesses of the occurrence but prosecution conceded that neither their statements under S.161, Cr.P.C., were recorded during the investigation of the case nor they ever appeared before the Trial Court, therefore, the prosecution had withheld the best piece of evidence, hence an adverse inference within the meaning of Art.129(g) of Qanun-e-Shahadat, 1984, could validly be drawn against the prosecution that had the said witnesses been produced in the witness box their evidence would have been unfavourable to the prosecution---Circumstances established that the prosecution had failed to prove its case against the appellant beyond the shadow of doubt---Appeal against conviction was allowed accordingly.

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