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

Case information

Citation
2023 YLR 1418 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
YLR
Parties
MUHAMMAD YAQOOB vs State Ss
Subject matter
Criminal

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

MUHAMMAD YAQOOB VS State Ss. 302(b), 363 & 377---Qatl-i-amd, kidnapping, unnatural offence---Appreciation of evidence---Benefit of doubt---Motive not proved---Scope---Prosecution case was that accused allegedly kidnapped the minor son of complainant, committed unnatural offence and then murdered him---Motive behind the occurrence was that the accused committed sodomy with deceased and thereafter killed him---Notably there were material contradictions in the statements of prosecution witnesses regarding the motive---As per evidence of witnesses of extra-judicial confession, the accused made confession before the witnesses that he committed sodomy with the deceased and then killed him, whereas, in the judicial confession, the accused stated that he attempted to commit sodomy with the deceased---Moreover, as per medical evidence, no seminal material was detected on the anal swabs of the deceased---Thus, the prosecution had failed to prove the alleged motive in the case---Circumstances established that the prosecution failed to prove its case against the accused beyond the shadow of doubt---Appeal against conviction was allowed accordingly.

Other judgments reported in 2023 YLR

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