Mehboob Ali Mallah vs State S — 2026 PCrLJ 733 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2026 PCrLJ 733 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2026
Reporter: PCRLJ
Parties: Mehboob Ali Mallah vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

Mehboob Ali Mallah VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd---Appreciation of evidence---Withholding material witness---Adverse presumption---Accused was charged for committing murder of his wife/daughter of complainant by firing---Most importantly, the prosecution did not examine "AB" as a witness, despite his evidently pivotal role as the first informer and a participant in the medical identification process---Failure to produce such a vital witness, who could have substantiated key aspects of the case, amounted to withholding material evidence---Said omission invited an adverse inference against the prosecution under Art.129(g) of the Qanun-e-Shahadat, 1984, which empowered the Court to draw unfavorable conclusions where a party suppressed or withheld evidence within its control---Moreover, while the prosecution moved an application to summon the Tapedar, it conspicuously failed to seek permission to produce "AB", the most significant marginal witness in this case---Said selective approach further highlighted the weakness in the prosecution's evidence and raised doubts about the completeness of the case presented against the appellant---Appeal against conviction was allowed, in circumstances.

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