Haji Khan Notkani vs State S — 2026 YLR 852 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2026 YLR 852 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2026
Reporter: YLR
Parties: Haji Khan Notkani vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 161

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

Haji Khan Notkani VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Delay of eight days in recording the statements of witnesses---Consequential---Accused was charged for committing murder of the brother of complainant---Record showed that the statements of prosecution witnesses, under S.161, Cr.P.C., were recorded after an unexplained delay of eight (08) days---No justification or plausible explanation for such delay had been brought on record by the prosecution---Such unexplained lapse rendered the prosecution case highly doubtful---Even a delay of one or two days in recording the statements of witnesses, if not satisfactorily explained, was considered fatal to the prosecution case and adversely affected its credibility---Circumstances established that the prosecution failed to prove its case beyond shadow of doubt---Appeal against conviction was allowed, accordingly.

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