AMJAD ALI vs State — 2026 SCMR 729 SUPREME-COURT

Case information

Citation: 2026 SCMR 729 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: AMJAD ALI vs State
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

AMJAD ALI VS State. S.302(b)---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Qatl-i-amd---Reappraisal of evidence---Benefit of doubt---Withholding material witness from giving evidence---Adverse presumption. Petitioner was charged for committing murder of husband of complainant by inflicting rifle-butt blow on left side of his head. Motive alleged by prosecution was that daughter of complainant, who was wife of petitioner, had come to house of complainant being annoyed with petitioner and petitioner wanted to take her back forcibly with him to his house. In such circumstances, daughter of complainant was the best witness to prove ocular account and alleged motive but she was not produced in witness box. As prosecution had withheld best evidence, adverse inference under Article 129(g) of Qanun-e-Shahadat Order, 1984, could validly be drawn against prosecution that had said witness been produced, her evidence would not have supported prosecution case. Circumstances established that prosecution had failed to prove its case beyond reasonable doubt against accused-petitioner. Appeal against conviction was allowed accordingly.

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