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

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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---Last seen evidence---Scope---accused was charged for committing murder and sodomy after kidnapping the son of complainant---Witness of last seen evidence stated in his statement that at about 4:30 p.m., he saw the deceased in the company of accused while going towards bazaar---Said witness did not disclose specific place of seeing the deceased in the company of the accused---Last seen evidence was also a weak type of evidence, which could be procured at any time during the investigation when direct evidence was not available to the prosecution and was not believable as statement of said witness was recorded on 30.12.2015 with sufficient delay---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.

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

Case information

Judgment text as reported