Where a wife met with an unnatural death inside the privacy of room at odd hours of the night, the only one person who has access to the bedroom was the husband and he was the sole person, who.............

 Where a wife met with an unnatural death inside the privacy of room at odd hours of the night, the only one person who has access to the bedroom was the husband and he was the sole person, who has exclusive knowledge as to what happened to his wife inside the room, as such onus was also shifted upon him to prove this fact. In this regard reference can be made to Article 122 of Qanun-e-Shahadat 1984.

It is reiterated that in cases where crime committed in the privacy of room, first version of the accused has also persuasive value and can be considered an additional factor in the chain of circumstantial evidence. Similarly, while scanning circumstantial evidence, in cases where a partner breathed his/her last, inside the privacy of room, stringent principles may not be applied and the conduct of the surviving partner in dealing with such situation must be taken due care of. If a surviving partner instead of informing the police and without making any effort to determine the cause of death, in particular, when some kind of marks or violence was visible upon the dead body, adverse inference can be drawn against him/her. It is not the duty of the prosecution to meet each and every hypothesis put forward by an accused. No doubt, it is the duty of a Judge presiding over a criminal trial to ensure that no innocent person is punished but at the same it is also an obligation of the Court to see that a guilty person does not escape.

Murder Referenc.215-19

THE STATE VS M. WAQAS SO M. RIAZ

Mr. Justice Asjad Javaid Ghural

12-11-2024

2024 LHC 5556