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

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MUHAMMAD WAJID VS State Ss. 302(b) & 376---Qatl-i-amd, rape---Re-appraisal of evidence---Natural behavior of complainant---Accused was charged for committing rape with the minor daughter of the complainant and then murdering her---Record showed that the behavior of the complainant was natural and devoid of any mala fide---Upon daughter of complainant going missing on the evening of 17.12.2011, he promptly initiated search efforts along with his brother and on the same night reported in the Police Station that his daughter was missing---Appellant was not nominated in the said report, which reinforced the bona fides of the complainant that he was not interested in charging innocent person(s) in random---On the next day of missing of his daughter complainant nominated the appellant as accused when a witness of last seen evidence told him that he had seen the deceased in the company of the appellant on the previous evening---Circumstances established that the prosecution had proved its case against the appellate, 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.

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

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