KASHIF NOUMAN ALIAS KASHI vs STATE Ss — 2026 YLR 864 LAHORE-HIGH-COURT-LAHORE

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KASHIF NOUMAN ALIAS KASHI VS STATE Ss. 302(b) & 34---Qatl-i-amd, common intention---Qanun-e-Shahadat (10 of 1984), Art. 122---Appreciation of evidence---Burden of proof---Accused were charged for committing murder of the brother of complainant---In a criminal case, the burden of proof was on the prosecution and Art.122 of the Qanun-e-Shahadat, 1984, was certainly not intended to relieve it of that duty---On the contrary, it was designed to meet certain exceptional cases in which it would be impossible, or at any rate disproportionately difficult, for the prosecution to establish facts which were "especially" within the knowledge of the accused and which he could prove without difficulty or inconvenience---If the Art.122 of the Qanun-e-Shahadat, 1984 was to be interpreted otherwise, it would lead to the very startling conclusion that in a murder case, the burden laid on the accused to prove that he did not commit the murder because who could know better than he whether he did it or not---Article 122 of the Qanun-e-Shahadat, 1984, could not be used to undermine the well-established rule of law that, save in a very exceptional class of cases, the burden was on the prosecution and never shifted---Throughout the web of the law, it was the duty of the prosecution to prove the accused's guilt subject to any statutory exception---No matter what the charge, the principle that the prosecution must prove the guilt of the accused was the law and no attempt to whittle it down could be entertained---In the present case, the prosecution failed miserably to prove the charge against the appellants---In a case of this nature, the co-appellant could not have been convicted for the alleged murder merely because she happened to be one of the residents of the place of occurrence---An accused person could not be convicted merely because she did not explain the circumstances in which the deceased had lost his life---Appeal against conviction was allowed, in circumstances.

KASHIF NOUMAN ALIAS KASHI vs STATE Ss — 2026 YLR 864 LAHORE-HIGH-COURT-LAHORE

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