EHSAN ULLAH vs State Ss — 2022 YLR 503 LAHORE-HIGH-COURT-LAHORE

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EHSAN ULLAH VS State Ss. 302(b), 364 & 201---kidnapping or abduction in order to murder, causing disappearance of evidence of offence or giving false information to screen offender---Appreciation of evidence---Benefit of doubt---Wajtakkar evidence---Scope---Accused was charged for committing murder of the son of complainant after kidnapping him---Prosecution had attempted to prove the case through wajtahhar evidence from the mouth of a witness who stated that he along with other witness had seen the accused and deceased coming out from the sugarcane crops and they both were disturbed and in perplexed condition---Said witness was neighbourer of complainant and he had made dishonest improvements in his statement---Said witness had failed to point out the name of owner of sugarcane crop from where the accused and his co-accused were coming out---Record showed that the prosecution had introduced that witness just to strengthen the story---Said witness failed to give reasons qua his presence near the sugarcane crop from where the accused along with his co-accused were statedly coming out, when he had no agricultural land near the said land---Lead of that witness was a question mark in regards to the genuineness of his proof---Wajtakkar proof was constantly viewed as a powerless sort of proof and not trustworthy without some autonomous supportive piece of proof which was a lot of ailing for that situation---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

EHSAN ULLAH vs State Ss — 2022 YLR 503 LAHORE-HIGH-COURT-LAHORE

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