Anees Ur Rehman vs State Ss — 2025 YLR 1094 LAHORE-HIGH-COURT-LAHORE

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Anees Ur Rehman VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Extra-judicial confession doubtful---Accused was charged that he along with his co-accused committed murder of his wife/daughter of the complainant---Extra-judicial confession was allegedly made by the appellant before a witness---Case of said witness was that he was sitting in his baithak at about 1:00/2:00 p.m. where the appellant came, confessed his guilt regarding commission of crime and asked him to get a pardon from the complainant---Notable that there was no occasion for the appellant to make such confession before said witness because at that time, there was no strong evidence against appellant regarding his involvement in the crime--- Moreover, it was not understandable as to why the appellant went to said witness for making extra-judicial confession when he was neither influential person nor closely related to the complainant or the appellant---Most important and natural purpose of making extra-judicial confession is to seek help from a third person and the same is usually sought from an influential person who has some authority/power in the society but in the case in hand the witness of extra-judicial confession was an ordinary person---Extra-judicial con-fession has never been considered sufficient for recording conviction on a capital charge unless it is strongly corroborated by tangible evidence coming from unimpeachable source, therefore, such piece of evidence was entirely insufficient to maintain conviction on such a charge, moreso, when it was badly tainted one and appeared to be the job of the Investigating Officers who normally indulged in such like police chicanery---Circumstances established that the prosecution could not prove its case against the appellant beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

Anees Ur Rehman vs State Ss — 2025 YLR 1094 LAHORE-HIGH-COURT-LAHORE

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