AMJAD vs State Ss — 2025 SCMR 1388 SUPREME-COURT

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AMJAD VS State Ss. 302(b), 377, 341, 147, 148 & 149---Qatl-i-amd, unnatural offence, wrongful restraint, rioting, rioting armed with deadly weapons, unlawful assembly---Re-appraisal of evidence---Contradictions in the statements of witnesses---Accused was alleged to have committed murder of the minor son of complainant after committing sodomy with him---Deposition of complainant regarding the piece of cloth, with which his and his brother's hands and mouth as well as the mouth of deceased were tied also contradicted the deposition of the other witnesses---Complainant had stated that the cloth was red and white in colour whereas according to his brother, it was red in colour---Even in the postmortem report the said cloth had been mentioned as red and white---Other witness had deposed that he did not remember the colour of the said cloth---From the deposition of complainant, it was also evident that he had stated that the deceased was not tied with the kerchief whereas in the FIR he had mentioned that deceased's mouth was tied with it---Moreover, there was also a contradiction regarding the sodomy done by accused persons, as according to the deposition of complainant it was "A" who committed the said act first and then "I", whereas according to his brother, "I" committed the said offence first and then "A"---It was not mentioned in the FIR as to who committed the sodomy first either "A" or "I"---Brother of the complainant/witness had also given some contradictory statements as he stated that complainant informed the police over the telephone whereafter the police arrived at the place of incident/wardaat and inspected the dead body, whereas according to Head Constable, complainant come to the Police Station and informed him that "A" & "I" had committed murder of deceased---Appeal against conviction was allowed, in circumstances.

AMJAD vs State Ss — 2025 SCMR 1388 SUPREME-COURT

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