245/2018 Criminal Appeal KARMAT HUSSAIN S/O MUBARAK HUSSAIN (Appellant) V/S THE STATE (Respondent)

Sindh High Court2020

Bench: Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)

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245/2018 Criminal Appeal KARMAT HUSSAIN S/O MUBARAK HUSSAIN (Appellant) V/S THE STATE (Respondent) Sindh High Court Bench: Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author) Order Date: 31-MAR-20 1. Even in a case involving capital punishment, conviction can follow on circumstantial evidence, but that such circumstantial evidence should provide all links in an unbroken chain where one end of the chain touches the dead body and the other the neck of the accused. 2. Though evidence implicating an accused cannot be used to convict him if he was not confronted with it under section 342 Cr.P.C., but that does not mean to say that every inadequate examination under section 342 Cr.P.C. results in vitiating the trial, nor does it mean to say that the other independent evidence standing against the accused stands diminished. Rel. S.A.K. Rehmani v. The State (2005 SCMR 364). Even discarding the evidence not confronted to the accused under section 342 Cr.P.C., the chain of circumstantial evidence against him is complete and uninterrupted.
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