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MUHAMMAD WAJID vs State Ss — 2025 SCMR 1399 SUPREME-COURT

Case information

Citation
2025 SCMR 1399 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
SCMR
Parties
MUHAMMAD WAJID vs State Ss
Subject matter
Criminal
Provisions referred to
S. 164---Q; Criminal Procedure Code (V of 1898)

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

MUHAMMAD WAJID VS State Ss. 302(b) & 376---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, rape---Re-appraisal of evidence---Recovery of dopatta on the pointation of appellant---Accused was charged for committing rape with the minor daughter of the complainant and then murdering her---In the instant case, dopatta of the deceased was recovered from the abandoned house of the appellant, effected on his pointation---Said recovery was witnessed by witnesses---Such discovery made pursuant to the information furnished by the accused was admissible evidence under Article 40 of the Qanun-e-Shahadat Order, 1984, and lent further credibility to the prosecution case---Circumstances established that the prosecution had proved its case against the appellant, however, the High Court in its well-reasoned judgment had expressly held that the medical evidence on record did not support the confessional statement of the appellant insofar as the allegation of rape upon the minor deceased was concerned---Consequently, the conviction and sentence of the appellant under Section 376, P.P.C., were set aside---In the peculiar facts and circumstances of the case, this aspect may justly be treated as a mitigating circumstance for the commutation of the sentence of death into imprisonment for life---Consequently, the appeal was partly allowed.

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