Law:

Section:

(a) Criminal trial----------Presumption of innocence---Presumption of innocence would remain available to accused till the time a judicial verdict was recorded against him connecting him with any offence. (b) Criminal trial----- ----Appreciation of evidence---Not mandatory for the prosecution to produce all the witnesses cited in the calendar of witnesses---If, however, a material witness was withheld then the presumption could arise against prosecution that such witness if produced, would have not supported the case of prosecution. JUDGMENT KHAWAJA MUHAMMAD SAEED, J.--------This appeal is directed against the judgment of the Shariat Court, dated 28-5-2002. 2. Facts giving rise to the present appeal, briefly stated, are that Tehsil Qazi Muhammad Ghous on 3-6-1993 informed the police that the appellant and another person are quarrelling with the passengers of Suzuki No.RIL-5735, therefore, necessary action be taken against them A.S.-I. Shoukat Hayat reached on the spot and found the appellant and one Rashid Raheem quarrelling with the passengers of Suzuki. He found them in an intoxicated position as alcoholic smell, according to him, was emitting from their breath. He took them in custody and produced them before the doctor who confirmed that the accused, are drunk and further that alcoholic smell was emitting from their breath. A.S.-I. Shoukat Hayat, registered a case under section 11 of the Prohibition of Hudood Ordinance against both the accused persons and submitted a challan in the Court of law on 8-3-1993. The co-accused Rashid Raheem absconded however, the appellant faced the trial who at the end of the trial warm awarded three years rigorous imprisonment with 10 stripes by Tehsil Court of Criminal Jurisdiction vide its order, dated 22-1-2002. He availed the right of appeal before the District Court of Criminal Jurisdiction, Pallandri. His appeal was partly allowed by the said Court and sentence of imprisonment was reduced from three years to six months and he was also excused from 10 stripes. He filed a revision petition before the Shariat Court which was dismissed vide judgment under challenge. 3. Khawaja Farooq Ahmed, the learned counsel for the…

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