MUHAMMAD YAQOOB vs State Ss — 2023 YLR 1418 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD YAQOOB VS State Ss. 302(b), 363 & 377---Qatl-i-amd, kidnapping, unnatural offence---Appreciation of evidence---Benefit of doubt---Judicial confession and extra-judicial confession---Contradictions---Prosecution case was that accused allegedly kidnapped the minor son of complainant, committed unnatural offence and then murdered him---As per prosecution case, accused made judicial confession before Judicial Magistrate---Notably there were material contradictions in the prosecution case between the judicial confession made by the accused in the Court and the extra-judicial confession made by the accused before the prosecution witnesses---According to the judicial confession, the accused stated that he attempted to commit sodomy with minor deceased, whereas, as per statements of the witnesses of extra-judicial confession, the accused stated that he committed sodomy with the minor and thereafter, committed his murder---Further according to the statement made by the accused in his judicial confession, the mouth of the deceased was blocked by him with his hands due to which he died, whereas, according to the statements of the prosecution witnesses of extra-judicial confession, neck of the deceased was strangulated by the accused, whereas, according to the statement of witness, the accused, after strangulating the neck of minor deceased, drowned him in a water tub due to which he died but complainant did not state so in his statement recorded by the Trial Court and no such fact was mentioned by the accused in his judicial confession that after pressing the neck of minor deceased, he drowned him in a water tub---Circumstances established that the prosecution failed to prove its case against the accused beyond the shadow of doubt---Appeal against conviction was allowed accordingly.

MUHAMMAD YAQOOB vs State Ss — 2023 YLR 1418 LAHORE-HIGH-COURT-LAHORE

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