Muhammad Hussain vs State S — 2026 YLR 1002 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 YLR 1002 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: YLR
Parties: Muhammad Hussain 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

Muhammad Hussain VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Qatl-i-amd---Appreciation of evidence---Withholding material witnesses---Adverse presumption---Accused was charged for committing murder of the niece of the complainant by firing---According to Police Officer, on the day of occurrence i.e. 05.07.2021 when after receiving information of the occurrence, he reached the place of occurrence, two Security Guards, who had already apprehended the appellant at the spot, produced the appellant before him, therefore, said Security Guards were the most material and impartial witnesses of the occurrence and they could have at least confirmed the presence of the alleged eye-witnesses at the spot at the time of occurrence---Even given up witness who was also witness of ocular account had not been produced by the prosecution and he was given up---Thus the prosecution withheld the best evidence---Thus, under Article 129(g) of the Qanun-e-Shahadat, 1984, an adverse inference could be drawn that if they had testified, their statements would not have supported the prosecution's case---Appeal against conviction was allowed, in circumstances.

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