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---Medical evidence not corroborating allegation of sodomy---accused were charged that they kidnapped the minor son of the complainant, committed sodomy and murdered him---Record showed that after postmortem examination of the deceased, the Medical Officer had separated two anal swabs and those were sent to Forensic Science agency, along with shalwar, qameez and piece of cloth (bunyan) for DNa testing along with buccal swabs of both the accused persons---However, as per report no seminal material/semen stains were found/observed, therefore, no further test was conducted---DNa report was of no avail to prosecution to connect the accused persons with the commission of crime---In that backdrop there was no cogent material to establish that the accused persons had committed sodomy or sexual assault with the victim/ deceased and their potency tests alone were not sufficient to establish their nexus with the crime in question---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