SANAULLAH vs STATE — 2026 PCrLJ 609 QUETTA-HIGH-COURT-BALOCHISTAN

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SANAULLAH VS STATE. Ss. 302(b), 364-A, 377 & 34---Pakistan Penal Code (XLV of 1860)---Qatl-i-amd, kidnapping or abducting a minor for murder, unnatural offence, common intention---Appreciation of evidence---Last seen evidence---Scope. The accused was charged for abducting the son of the complainant, committing unnatural offence and murdering him. The prosecution relied upon circumstantial evidence, particularly the theory of last seen together, for establishing the guilt of the accused. In the present case, the theory of last seen was pivotal in establishing the guilt of the accused in the murder of the minor. The 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. The deceased's dead body was wrapped in a Sindhi ajrak, and the circumstances surrounding the burial raised significant doubts about the intentions of the accused. The proximity of time and place between the last sighting of the accused with the deceased and the subsequent discovery of the body created a compelling inference that the accused was involved in the crime, for which he could not offer any plausible justification. The witnesses, being chance observers, provided corroborative evidence which strengthened the prosecution's case, as the last seen theory required that the accused must offer a plausible explanation regarding his actions during the critical period when he was seen with the deceased. The burden of proof could shift upon the accused to provide a reasonable explanation regarding his presence and actions during the time he was seen with the dead body. In the absence of any reasonable explanation from the accused regarding his presence at the graveyard with the deceased, coupled with the fact that the accused attempted to escape, the evidence of last seen together served as a crucial link in the chain of circumstantial evidence, supporting the conviction of the accused for murder of the 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 — 2026 PCrLJ 609 QUETTA-HIGH-COURT-BALOCHISTAN

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