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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 slippers---Inconsequential---accused were charged that they kidnapped the minor son of the complainant, committed sodomy and murdered him---although it was the prosecution case that the Investigating Officer had also recovered shoe (slipper) from the fields, which according to prosecution version belonged to the deceased---However, bare perusal of its recovery memo reflected that it was nowhere mentioned that the shoe recovered was that of the deceased---Moreover, there was no memorandum of identification available on record to establish that the complainant or any other prosecution witness identified the recovered slipper as belonging to deceased---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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