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

Case information

Citation
2023 YLRN 82 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Parties
MUHAMMD SAFDAR 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

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---Recovery of kassis on the pointing out of the accused--- Inconsequential--- accused were charged that they kidnapped the minor son of the complainant, committed sodomy and murdered him---Record showed that kassis were allegedly recovered on the pointation of the accused persons---although those kassis were stated to be stained with blood, however, admittedly the same were not sent to the Forensic Science agency for forensic analysis to ascertain the presence of blood on them---Thus, recovery of kassis did not advance the prosecution case any further---Even otherwise, it was trite law that when substantive evidence produced by the prosecution failed to connect an accused person with the commission of crime or was disbelieved then corroborative evidence would be of no help to the prosecution as the corroborative evidence could not by itself prove the guilt of an accused---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.

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