Mst. Fateh Khatoon vs Muhammad Qasim Ss — 2026 YLR 909 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2026 YLR 909 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2026
Reporter: YLR
Parties: Mst. Fateh Khatoon vs Muhammad Qasim 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

Mst. Fateh Khatoon VS Muhammad Qasim Ss. 302(b), 201, 342, 337-H(2), 506(2), 109, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, causing disappearance of evidence of offence or giving false information to screen offenders, wrongful confinement, hurt by rash or negligent act, criminal intimidation, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Withholding material witness---Adverse presumption---Accused were charged for committing murder of the nephew of the complainant by firing---Record showed that according to the complainant, two persons had witnessed the occurrence, however, one of them was given up by the prosecution without assigning any cogent reason---Only explanation offered was that said witness was allegedly an absconder in other criminal cases, yet no FIR or documentary evidence was brought on record to substantiate such a claim or justify his non-production---Prosecution's failure to produce material witnesses who were otherwise cited in the case seriously affected the integrity of its version---In those circumstances, an adverse inference under Art.129(g) of the Qanun-e-Shahadat, 1984, was legitimately drawn that had that witness been produced, his testimony would not have supported the prosecution's case---Such non-production of material witnesses, coupled with other infirmities and glaring omissions, led to the conclusion that the prosecution had failed to establish the charge against the accused beyond the shadow of reasonable doubt---Appeal against conviction was allowed, in circumstances.

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