ALLAH DITTA vs State Ss — 2023 YLR 2538 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 2538 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: ALLAH DITTA 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

ALLAH DITTA VS State Ss. 302(b) & 34---Qatl-i-amd, common intention--- Appreciation of evidence---Last seen evidence---Doubtful---Accused was charged for committing murder of the sister of complainant and her daughter---According to statement of eye-witness, he had seen the accused throwing a girl in canal (allegedly nice of complainant) on 30.03.2016, when he was going with Mr. "A", son of nephew of deceased and cousin of minor deceased---Astonishingly, such episode of throwing a girl in canal was not mentioned in the crime report because it was an admitted fact that Mr. "A" lived with his father---Statement of nephew of deceased showed that Mr. "A" used to live with him at the time of occurrence and worked as daily wager with the eye-witness---Surprisingly, father of Mr. "A" did not recognize his cousin, allegedly thrown in the canal by his uncle/ accused---However, it became highly doubtful that despite seeing accused throwing deceased in canal, he did not stop and try to rescue her---Prosecution had no justification that why such fact was not mentioned in the crime report despite same being registered on the following day i.e. 31-03-2016 at late hours, especially when Mr. "A" was living with his father, who was actively searching for his sister along with other prosecution witnesses including complainant---Said circumstances made the evidence of eye-witness highly doubtful and unreliable---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was accordingly allowed.

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