Irshad Ali vs State Ss — 2026 YLR 822 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2026 YLR 822 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2026
Reporter: YLR
Parties: Irshad Ali vs State Ss
Subject matter: Criminal

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

Irshad Ali VS State Ss. 302(b), 376 & 511---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, rape, attempted rape---Appreciation of evidence---Withholding material witnesses---Adverse presumption---Accused was charged for committing murder of the sister of complainant after raping her---Complainant, in his deposition, had attempted to attribute motive by alleging that some females from the mohallah disclosed to him that the deceased (his sister) was teased by the accused---However, it was a matter of record that none of those alleged females were cited prosecution witnesses, nor they were produced before the Court to substantiate that claim---Such uncorroborated assertions amounted at best to marginal hearsay, and in the absence of supporting testimony from the alleged sources, that version could not be given any evidentiary weight---Failure of the prosecution to produce such material witnesses, who were admittedly available and could have supported the prosecution's narrative, led to a presumption of adverse inference under Art.129(g) of the Qanun-e-Shahadat, 1984---Thus, it appeared that these persons were deliberately withheld for reasons best known to the prosecution---Appeal against conviction was allowed, in circumstances.

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