Muhammad Nadeem Aslam vs State Ss — 2025 PCrLJ 1698 LAHORE-HIGH-COURT-LAHORE

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Muhammad Nadeem Aslam VS State Ss. 302(b), 363, 377 & 201---Qatl-i-amd, kidnapping, sodomy, causing disappearance of evidence---Appreciation of evidence---Last seen evidence confidence inspiring---Accused was charged for kidnapping and murdering the minor son of complainant after committing sodomy with him---In the instant case,elder brother and cousin of deceased while appearing before the Trial Court deposed that on 08.05.2017 at about 12:00 noon they while being present at Main Bazar in connection with some work had seen that appellant along with deceased going towards the Main Bazar and after sometime, complainant met them who informed him that they had seen deceased in the company of the appellant who were going towards Main Bazar and ultimately a criminal case was registered against the appellant---While appearing before the Trial Court, both the said witnesses took a unanimous stance that they had seen the deceased alive in the company of the appellant on 08.05.2017 at 12:00 Noon, thus the time of seeing the appellant by both those witnesses very much coincided with the statement of complainant whereby the time of missing his son was mentioned as 12:00 Noon---Both the said witnesses were cross-examined by the defence at length but nothing favourable to the appellant could be extracted---Though the defence during cross-examination of the said witnesses became able to bring on record certain omissions but the same in the peculiar circumstances of the case were nothing but natural---Moreover, it was observed that the case in hand pertained to year 2017, the examination-in-chief of both the witnesses was recorded by the Trial Court on 02.09.2019, whereas the cross-examination was conducted on 30.06.2021---With the passage of time a normal person could not retain the memory regarding an event like a machine---If a person was asked to give detail regarding an event having taken place 3/4 years before and asked probing questions the occurring of omissions pointed out by the defence during the cross-examination of said witnesses would be natural---In these circumstances, the evidence of both the witnesses of last seen was confidence inspiring and could be based for upholding the appellant's conviction---Circumstances established that the prosecution had proved its case beyond shadow of doubt, however, prosecution failed to prove the motive part of the case, therefore death sentence was converted into life imprisonment---With the modification in the sentence, appeal was dismissed.

Muhammad Nadeem Aslam vs State Ss — 2025 PCrLJ 1698 LAHORE-HIGH-COURT-LAHORE

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