MUHAMMAD NAWAZ vs State Ss — 2022 YLRN 181 LAHORE-HIGH-COURT-LAHORE

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

MUHAMMAD NAWAZ VS State Ss. 302(b), 364, 201, 148 & 149---Qatl-i-amd, kidnapping or abduction in order to murder, causing disappearance of evidence of offence, or giving false information to screen offender, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Last seen evidence---Scope---Accused were charged for committing murder of the brother of complainant after kidnapping him---Complainant and three other witnesses furnished the evidence of last seen---Complainant and a witness claimed that accused came at their dera and took deceased with him for help to start his tractor---Similarly, it was the claim of other witnesses that they were present in the field for the purpose of watering their crop where they saw deceased in the company of accused persons and their co-accused---High Court observed that story cooked up by the prosecution qua last seen seemed to be afterthought because if all the witnesses had seen the accused persons and their co-accused in the company of deceased why they remained silent for a long time and did not report the matter to the police---Even otherwise last seen evidence is a weakest type of evidence unless corroborated with some other piece of evidence which was conspicuously missing in the present case---Circumstances established that the prosecution could not prove its case against the accused beyond any shadow of doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court.

MUHAMMAD NAWAZ vs State Ss — 2022 YLRN 181 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported