MUHAMMD SAFDAR vs State Ss — 2023 YLRN 82 LAHORE-HIGH-COURT-LAHORE

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MUHAMMD SAFDAR VS State Ss. 302(b), 364-a, 377, 201 & 34---Qatl-i-amd, kidnapping, sodomy, causing disappearance of evidence of offence, common intention--- appreciation of evidence---Benefit of doubt---Wajtakkar evidence---Scope---accused were charged that they kidnapped the minor son of the complainant, committed sodomy and murdered him---Prosecution also attempted to make evidence of two witnesses as one of wajtakkar (res gestae) as the said witnesses stated that they came across the accused persons on 23.05.2019, who were coming along with their kassis looking depressed---according to the autopsy report which was conducted on 24.05.2019 the duration between death and postmortem was 3-5 days, therefore, meeting of accused persons with the said prosecution witnesses could not be considered as evidence of wajtakkar as the same did not coincide with the medical evidence--- Circumstances established that the prosecution absolutely failed to bring on record any convincing/reliable evidence/ material to establish that the accused were involved in the commission of the alleged offence---appeal against conviction was allowed, in circumstances.

MUHAMMD SAFDAR vs State Ss — 2023 YLRN 82 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported