Mohib Ali vs State Ss — 2024 YLR 2642 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 YLR 2642 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: YLR
Parties: Mohib Ali 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

Mohib Ali VS State Ss. 302(b), 364-a, 376 & 34---Qatl-i-amd, kidnapping or abducting a minor person, rape, common intention---appreciation of evidence---Improvements made by the witnesses---accused was charged that he alongwith his co-accused abducted the minor daughter of complainant, committed rape with her and then murdered her by strangulation---Record showed that in his statement, complainant did not disclose any clue whatsoever about any of the assailants---In the same document/complaint names of two witnesses were also mentioned who assisted the complainant for the search of his daughter---In witness box, both complainant and a witness made material improvements in their statements---Perusal of statement of witness also made it clear that he too changed his story by improvement---If said two witnesses had joined complainant on the same day i.e. 30.11.2010, started search and they both told that they had seen the assailants and deceased together, why such important fact was not unveiled by complainant when he made the statement to Police Official---By no stretch of imaginations in his statement, complainant maintained that he made any telephone call to said witnesses and they associated him on 30.11.2010 but what was claimed was that both the witnesses came to him in the morning of 01.12.2010---In view of such state of affairs, the worth, veracity, credibility and reliability of complainant and witness were completely smashed---appeal against conviction was allowed, in circumstances.

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