SANAULLAH vs STATE Ss — 2026 PCRLJ 609 QUETTA-HIGH-COURT-BALOCHISTAN

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SANAULLAH VS STATE Ss. 302(b), 364-a, 377 & 34---Qatl-i-amd, kidnapping or abducting a minor for murder, unnatural offence, common intention---Appreciation of evidence---Last seen evidence---Scope---Accused was charged for abducting the son of complainant, committing unnatural offence and murdering him---In the present case, the theory of last saw was pivotal in establishing the guilt of the accused, in the murder of the minor---Prosecution witnesses testified that they last saw the accused in the graveyard of their village, where he was engaged in the suspicious and unnatural act of digging a grave to bury the deceased---Deceased's dead body was wrapped in a Sindhi ajrak, and the circumstances surrounding the burial raised significant doubts about the accused's intentions---Proximity of time and place between the last sighting of the accused with the deceased and the subsequent discovery of the body by the accused, created a compelling inference that accused was involved in the crime for which he could not utter a plausible justification---Witnesses, being chance observers, provided corroborative evidence that strengthened the prosecution's case, as the last seen theory necessitated that the accused must offer a plausible explanation for his actions during that critical time---Further, the burden of proof might shift to the accused to provide a reasonable explanation for his presence and actions during the time he was seen with the dead body---Given the lack of any reasonable explanation from the accused regarding his presence at the graveyard with the deceased, coupled with the fact that the accused tried to escape, the evidence of last seen together served as a crucial link in the chain of circumstantial evidence, supporting the conviction of accused for the murder of minor deceased---Appeal against conviction was dismissed, in circumstances, however, the revision petition filed by the complainant for enhancement of sentence was allowed by enhancing the sentence from life imprisonment to capital punishment of death.

SANAULLAH vs STATE Ss — 2026 PCRLJ 609 QUETTA-HIGH-COURT-BALOCHISTAN

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