Prosecution withheld the best available evidence, therefore, adverse inference under Article 129(g) of Qanoone-Shahadat Order, 1984,

19. We have also noticed that the prosecution has given up Sarwar and Bahadur (P.Ws.) being un-necessary for the reasons best known to them, and as such the prosecution withheld the best available evidence, therefore, adverse inference under Article 129(g) of Qanoone-Shahadat Order, 1984, to the effect that they would not have supported the prosecution case, can fairly be drawn against the prosecution. Guidance is sought from Muhammad Rafique and others v. The State and others (2010 SCMR 385) and Lal Khan v. The State (2006 SCMR 1846). In the given state of affairs, the ocular account furnished by the prosecution in shape of testimonies of PW-12 and PW13 is highly doubtful, and creates doubts with regard to the complicity of the appellants in commission of offence. The guidance has been sought from the judgment of the Hon’ble Supreme Court of Pakistan in cases of Nadeem alias Nanha alias Billa Sher Versus The State (2010 SCMR 949) and Abid Ali and two others Versus The State (2011 SCMR 208). 

Part of Judgment

THE LAHORE HIGH COURT, LAHORE

Murder Reference
642-10

2015 LHC 7528