Established proposition of law that the abscondance creates merely a suspicion in mind but the same is not a conclusive proof of guilt.

15. So far as the evidence of abscondance of the appellant for about more than two years is concerned, we are of the opinion that the abscondance cannot be taken as a proof of guilty mind if otherwise sufficient connecting evidence against the appellant is not available. Reference in this respect can be made to the case of Barkat Ali v. Muhammad Asif and others (2007 SCMR 1812). Even otherwise, by now, it is an established proposition of law that the abscondance creates merely a suspicion in mind but the same is not a conclusive proof of guilt. Reliance in this respect is placed on the case of Rasool Muhammad v. Asal Muhammad and another (PLJ 1995 SC 477). 

Part of Judgment 

LAHORE HIGH COURT RAWALPINDI BENCH, RAWALPINDI

Criminal Appeal
175-09

2015 LHC 6127