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---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, rape, theft in a dwelling house, tent or vessel, dishonestly receiving stolen property, common intention---Appreciation of evidence---Withholding material witnesses---Effect---Adverse presumption---Accused were charged for committing rape and murder of the minor daughter of the complainant---In the present case, the first person, who discovered that tragic scene, was younger sister of the deceased, who was merely seven years old at that time---Upon seeing her sister hanging, the young girl immediately ran to inform a neighbourer---In turn, said neighbour promptly called the complainant and told him over the phone about the death of his daughter---Shortly thereafter, the deceased's mother also arrived at the scene, she saw her daughter hanging with the iron rod and she herself brought down the dead body---However, astonishingly none of those three key persons, the younger sister of the deceased, the neighbourer and the mother of deceased was produced before the Court as a witness to testify regarding what they had seen---Prosecution did not put forward the explanation for what reasons it failed to produce these crucial witnesses before the Court, thus it withheld the necessary evidence that could have directly established the circumstances, in which the deceased was found---Due to this omission, there was no direct, firsthand evidence available on the record to conclusively prove that the deceased was indeed found hanging with the iron rod by adupatta as claimed---Therefore, the failure to produce those primary witnesses created serious doubts in the prosecution case---Moreover, adverse inference was drawn under Art.129(g) of Qanun-e-Shahadat, 1984, that had such witnesses been produced by the prosecution during the trial, they would not have supported the prosecution's case---Appeal against conviction was allowed, in circumstances.

Syed Hammad Naqvi vs State Ss — 2026 PCrLJ 459 ISLAMABAD

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