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---Recoveries of bicycle and water tub on the pointation of accused---Reliance---Prosecution case was that accused allegedly kidnapped the minor son of complainant, committed unnatural offence and then murdered him---Insofar as the recoveries of bicycle and water tub on the pointation of the accused was concerned, it was noteworthy that no incriminating material like blood stains or froth of the deceased were recovered from the said articles---Moreover, said articles were not sent to the office of Forensic Science Agency for detection of any incriminating material on them---Further complainant had admitted during his cross-examination that brother of the accused also lived in the same house wherefrom the said articles were recovered which showed that the house of the recovery was not exclusively under the possession of the accused---No ownership proof about the said bicycle in the name of the accused had been brought on the record---Under the circumstances, the said recoveries were of no avail to the prosecution---Circumstances established that the prosecution failed to prove its case against the accused beyond the shadow of doubt---Appeal against conviction was allowed accordingly.

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