Section 395 the defendant praising the evidence, who dismissed that he saw the suspect within a distance of 1/2 km, admitted that the night of the incident was dark, the complainant also admitted that it was dark. Due to which people cannot be identified remotely. The 1/2 km prosecution witnesses, who did not fully support the identity of any of the accused, revealed that the prosecution's three witnesses had multiple dwellings. And that people of different castes lived there. The complainant also admitted that the police had named him an accused, the complainant dismissed that he did not raise any screams to attract the locals, but the prosecution's witness dismissed that He cried for help, but no one came to save his life, the incident was not denied, but the identity of those who did so could not be established, which created suspicion in the mind, whenever, If direct evidence fails, the diversionary evidence will have no legal significance, do not carry any weight, and no legal consequences It did not matter, the court, after considering all the facts and circumstances of the case, not only had to be satisfied that it had happened, but also had to be satisfied that it was the accused, who had prosecuted the incident. The accused, who failed to establish his case beyond reasonable doubt, conviction and conviction against the accused, were set aside. The accused were acquitted of the charges which were on bail. Were, their bail bonds canceled, and bail
Related judgments — Karachi High Court Sindh, 2014
