presumption under Article 129(g) of Qanun-e-Shahadat Order can fairly be drawn that if P.W. Amir Ali could have been examined, his evidence would have been unfavourable to the prosecution…

Reliance in this respect is placed on the esteemed judgments passed by the Hon’ble Supreme Court of Pakistan in the cases of Lal Khan v. The State (2006 SCMR 1846) and Muhammad Rafique and others v. The State and others (2010 SCMR 385). In the case of Muhammad Rafique and others, supra, the Hon’ble Supreme Court of Pakistan was pleased to observe as under:- 

“33. …It is well-settled that if any party withholds the best piece of evidence then it can fairly be presumed that the party had some sinister motive behind it. The presumption under Article 129(g) of Qanun-e-Shahadat Order can fairly be drawn that if P.W. Amir Ali could have been examined, his evidence would have been unfavourable to the prosecution…” 

Part of Judgment 

LAHORE HIGH COURT RAWALPINDI BENCH, RAWALPINDI

Criminal Appeal
175-09

2015 LHC 6127