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YASIR ARFAT vs STATE — 2026 PCrLJ 426 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2026 PCrLJ 426 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2026
Reporter
PCRLJ
Parties
YASIR ARFAT vs STATE
Subject matter
Criminal
Provisions referred to
Pakistan Penal Code (XLV of 1860)

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

YASIR ARFAT VS STATE. Ss. 302(b) & 34---Pakistan Penal Code (XLV of 1860)---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Non-production of independent witness---Effect---Scope. The accused was charged for committing murder of the brother of the complainant by firing. The prosecution claimed that the occurrence had taken place at a hotel and the presence of the hotel owner and other persons was admitted at the relevant time. However, none of the said persons had been produced as witnesses by the prosecution to support its case through independent evidence. Failure of the prosecution to produce independent witnesses despite their availability at the place of occurrence created further doubt in the prosecution case. Where independent witnesses are available but withheld without any plausible explanation, an adverse inference can be drawn against the prosecution. In the circumstances, the non-production of independent witnesses further weakened the prosecution version and extended benefit of doubt to the accused. Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2026 PCRLJ

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