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SANWAL vs State Ss — 2022 YLRN 1 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLRN 1 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
SANWAL vs State Ss
Subject matter
Criminal
Provisions referred to
S. 161

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

SANWAL VS State Ss.302(b), 364-a, 367-a, 377 & 201---Qatl-i-amd, kidnapping, rape, sodomy, causing disappearance of evidence of offence---appreciation of evidence---Benefit of doubt---Circumstantial evidence of wajtakkar---Scope---accused was charged for committing murder and sodomy after kidnapping the son of complainant---Two prosecution witnesses stated in their statements before Trial Court that on 24.12.2015 at 8/9 p.m., they had some conversation, meanwhile from the street to the side of pond accused while running came there, he being perturbed passed near them---Witness admitted in his cross-examination that complainant cited him as witness in the case after taking his consent---Said story was neither plausible nor believable---Even otherwise, evidence of wajtakkar being a weak type of evidence was not believable in absence of independent corroborative piece of evidence, which was conspicuously missing in the case---Said witness got recorded his statement under S.161, Cr.P.C. with much delay from relevant dates shattering his credibility---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

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