MUHAMMAD WAJID vs State Ss — 2022 YLR 1569 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD WAJID VS State Ss. 302(b) & 376---Qatl-i-amd, rape---Appreciation of evidence---Last seen evidence---Scope---Accused was charged for committing murder of the minor daughter of complainant after her rape---Accused was named in the FIR as a suspected person on the basis that a witness had last seen the accused with the minor child---Neither the complainant nor said witness had any enmity with the accused and had no reason to falsely implicate him in the case---Even otherwise the accused was only named as a suspect for whom it was for the police to investigate whether or not he was involved in the crime---Complainant's evidence reflected that his FIR was with no material improvement as such there was no reason to doubt the evidence of the complainant---Witness of last seen evidence gave evidence that on the day of occurrence in the evening he had seen the deceased at a shop with the accused whom he knew---Said witness lived in the locality and was not a chance witness and was an independent witness and thus there was no reason to disbelieve his evidence of his identification of the accused and the deceased---Within one to 12 hours of that citing, the deceased was found dead---Said witness was an independent witness and had no reason to attempt to falsely implicate the accused in the case---Although, the case did not meet the strict legal requirements of last seen evidence, however, some weight could be given to it in the case based on the particular facts and circumstances of the case based in particular on the confession of the accused---Circumstances established that the prosecution had proved its case against the accused to the extent of murder of the victim, beyond any shadow of doubt---Appeal against conviction was partially dismissed accordingly.

MUHAMMAD WAJID vs State Ss — 2022 YLR 1569 KARACHI-HIGH-COURT-SINDH

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