SAJID alias SAJJU vs State Ss — 2023 YLRN 79 LAHORE-HIGH-COURT-LAHORE

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SAJID alias SAJJU VS State Ss. 302(b), 364, 201 & 34---Qatl-i-amd, kidnapping or abduction in order to murder, causing disappearance of evidence of offence or giving false information to screen offender, common intention---Appreciation of evidence---Extra-judicial confession---Inconsequen-tial---Accused were charged for abducting the son of the complainant with the intention to kill him---Two prosecution witnesses deposed in that regard by stating that at evening time in the house of one of the said witnesses, the accused persons approached them and confessed their guilt by stating that they had murdered the son of complainant and then his dead body had been thrown in a canal and also begged pardon---On going through the testimony of one of the said witnesses, it was noticed that said witness had never got his statement recorded in terms of S. 161, Cr.P.C., before the police in that regard---Other witness had admitted during the course of cross-examination that both the accused persons had jointly confessed their guilt---Meaning thereby that such piece of evidence (extra judicial confession) hardly advanced the case of the prosecution as one of the witnesses had never recorded his Statement 161, Cr.P.C., whereas second witness admitted that both the accused persons had jointly confessed their guilt---Evidence of extra-judicial confession being very week type of evidence was not worthy of credit---Circumstances established that the prosecution failed to prove its case against the accused persons beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

SAJID alias SAJJU vs State Ss — 2023 YLRN 79 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported