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--- Extra-judicial confession---Scope---Prosecution case was that accused allegedly kidnapped the minor son of complainant, committed unnatural offence and then murdered him---Allegedly, accused made extra-judicial confession before complainant and a witness---Notably, the accused was not nominated in the FIR and he had been implicated in the case through the supplementary statement of the complainant---Occurrence in the case took place on 26.09.2015 and the FIR was lodged on 27.09.2015, whereas, the supplementary statement of the complainant was recorded on 30.03.2016 i.e., after about six months from the occurrence and the registration of the FIR---In the supplementary statement, complainant and a witness stated that on 30.03.2016, accused appeared before them and the given up witness, when they were present outside the house of the complainant and he made extra-judicial confession before them by stating that he had a burden on his mind therefore, he wanted to tell the occurrence to the complainant party---Accused further stated before the witnesses that minor deceased came to his shop for taking toffees and he took the minor inside the house, where he committed sodomy with him and killed him by strangulating his neck---Accused further stated that after committing the murder of minor, he packed his dead body in a sack and after loading the said body on his bicycle, he threw the same in a drain---As per Forensic Science Agency Report, no seminal material was detected on the anal swabs of the deceased to support the prosecution case---Moreover, there were contradictions in the statements of the prosecution witnesses of extra-judicial confession because one of the witnesses had stated that the accused allegedly confessed that after pressing the throat of minor, he dipped him in a water tub due to which he died but such fact was not stated by complainant---Complainant party comprised of three male adult members/witnesses and according to the evidence of said prosecution witnesses, the accused made extra-judicial confession regarding the murder of their kith and kin after about six months of the occurrence but they did not try to apprehend the accused at the time of making of his extra-judicial confession so as to hand him over to the police---No reason existed for the accused to make extra-judicial confession before the said witnesses---According to the alleged extra-judicial confession of the accused before the said prosecution witnesses, dead body of minor deceased was packed in a sack after his murder and thereafter, the same was thrown in a drain but according to the statement of Official Witnesses dead body was not packed in the sack and the same was lying open in the drain---No sack had been recovered in the case---Although according to the evidence of the prosecution, dead body of the deceased was thrown by the accused in a drain but Medical Officer did not mention in his evidence the presence of any mud or particles of drain on the body of the deceased---Thus, the prosecution evidence qua extra-judicial confession of the accused was not worthy of reliance---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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