Ali Haider vs State Ss — 2026 YLR 102 KARACHI-HIGH-COURT-SINDH

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Ali Haider VS State Ss. 302(b), 201 & 34---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, causing disappearance of evidence of offence or giving false information to screen offender, common intention---Appreciation of evidence---Benefit of doubt---Withholding material witness---Adverse presumption---Accused were charged for committing murder of the daughter of complainant---Complainant and his wife appeared to be interested witnesses as they concealed the presence of wife of appellant and wife of his brother---Police records indicated that the statements of said witnesses under S.161, Cr.P.C., recorded on 13.10.2021, confirmed their presence at the house during the incident---Said witnesses stated that they heard commotion, found deceased lying beside a cot and witnessed appellant taking her for treatment, but she had already passed away---Said witnesses also informed husband of deceased of her death via phone---To establish an unbroken chain of events, the prosecution was obligated to examine said two ladies, who had firsthand knowledge of the circumstances surrounding death of deceased---Prosecutor's opinion dated 15.10.2021, referenced in the police file, also noted that said two witnesses had initially withheld crucial information and attempted to shield the offenders---Prosecutor recommended placing the names of said witnesses in Column No. 02 of the charge sheet---However, the record revealed that this recommendation was implemented, nor were they produced before the Trial Court to testify---Such an omission warranted an adverse inference under Art.129(g) of the Qanun-e-Shahadat Order, 1984---Moreover, wife of complainant, during her testimony, denied seeing her other daughter, at the scene, whereas other female witness testified that her daughter was indeed present---Such contradiction further reinforced the prosecution's failure to produce the best available evidence---Under Art.129(g) of the Qanun-e-Shahadat Order, 1984, when a party withheld crucial evidence, it was presumed that such evidence would have been unfavorable to its case---Additionally, although the prosecution recorded statement of husband of deceased under S.161, Cr.P.C., on 19.05.2021, but he was not produced before the Trial Court for testimony---Said deliberate withholding of evidence further strengthened the presumption that the prosecution intentionally avoided presenting witnesses whose statements could undermine its case---Appeal against conviction was allowed, in circumstances.

Ali Haider vs State Ss — 2026 YLR 102 KARACHI-HIGH-COURT-SINDH

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