UMER ZAIB vs State S — 2022 MLD 193 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 193 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: UMER ZAIB vs State S
Subject matter: Criminal
Provisions referred to: S. 302

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

UMER ZAIB VS State S.302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Medical evidence---Scope---Accused was charged for committing murder of the wife of complainant by inflicting churri blows---Another discrepant feature which casted further doubt in the case was that though there was no allegation of committing rape upon the deceased, but the prosecution had deposited two external vaginal swabs, two high vaginal swabs, one internal and one external anal swabs from the deceased with the Forensic Science Agency---According to Forensic DNA and Serology Analysis Report, seminal material was identified on two external vaginal swabs and traced amount of seminal material was identified on two high vaginal swabs and one external anal swab, but no DNA analysis was conducted on buckle swabs of the deceased and the accused, which showed that the prosecution itself was reluctant to bring on record the actual episode---Circumstances established that the prosecution remained unable to prove the alleged guilt of the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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