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
Provisions referred to: S. 164---Q; Criminal Procedure Code (V of 1898)

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---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, kidnapping, unnatural offence---Appreciation of evidence---Benefit of doubt---Recording of judicial confession---Contradictions--- Prosecution case was that accused allegedly kidnapped the minor son of complainant, committed unnatural offence and then murdered him---In the judicial confession of the accused, it had been stated by the accused that after five days of the occurrence, the dead body of the deceased was recovered on his pointation---On the other hand, according to the prosecution case, the dead body of minor deceased was recovered on 02.10.2015, as stated by complainant, as well as by Investigating Officer and they did not state that the dead body was recovered on the pointation of the accused rather the accused had been implicated in the case through supplementary statement of the complainant on 30.03.2016, i.e., after more than six months of the occurrence---As per prosecution's own case, the dead body of minor was recovered on 02.10.2015, Investigating Officer---None of the prosecution witnesses stated that the dead body of the deceased was recovered on the pointation of the accused---Further no specific date or year of the occurrence had been mentioned in the judicial confession of the accused---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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