Syed Hammad Naqvi vs State Ss — 2026 PCrLJ 459 ISLAMABAD

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Syed Hammad Naqvi VS State Ss. 302(b), 376, 380, 411 & 34---Qatl-i-amd, rape, theft in adwelling house, tent, or vessel, dishonestly receiving stolen property, common intention---Appreciation of evidence---Benefit of doubt---Presence of Court witness at the venue doubtful---Chance witness, evidence of---Scope---Accused were charged for committing rape and murder of the minor daughter of the complainant---Court witness appeared before the Court as achance witness who, according to prosecution's version, happened to be present at the complainant's house at about 12:30 p.m. on the day of the alleged incident---Said witness claimed to observe one door of the house to be locked and the other slightly opened---Said witness allegedly saw appellants leaving the house through the back side of the courtyard---However, said witness in his statement contradicted the prosecution's version entirely---Court witness clearly denied any knowledge of the incident and stated that he had no connection whatsoever with the case---Such sharp contradiction between what the prosecution claimed, what court witness witnessed and what he said under oath significantly undermined the reliability of the prosecution's story---Fact that akey witness disowned the very events he was purported to have witnessed, created serious doubt about the truthfulness of the prosecution's version---Such a material discrepancy damaged the case's credibility, reflecting either a false implication or manipulation of facts---Therefore, testimony of Court Witness, instead of supporting the prosecution, raised major concerns about the authenticity of their narrative and rendered their case highly doubtful---Appeal against conviction was allowed, in circumstances.

Syed Hammad Naqvi vs State Ss — 2026 PCrLJ 459 ISLAMABAD

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