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

Case information

Citation
2026 PCrLJ 609 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2026
Reporter
PCRLJ
Parties
SANAULLAH vs STATE
Subject matter
Criminal
Provisions referred to
Pakistan Penal Code (XLV of 1860)

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

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---Motive not proved---Effect---Scope. The accused was charged for abducting the son of the complainant, committing unnatural offence and murdering him. In the present case, the absence of an established motive did not undermine the prosecution's case against the accused. Lack of motive or the prosecution's inability to prove motive did not preclude the imposition of the normal penalty of death if the prosecution had otherwise successfully established its case against the accused. Motive "shrouded in mystery" did not serve as a mitigating circumstance for reducing the sentence. The prosecution's case remained strong despite the lack of a clearly defined motive, supporting the conviction of the accused on the basis of available evidence. Therefore, the absence of motive could not be considered a ground for extending benefit of doubt or reducing the sentence when the prosecution had successfully proved the charge against the accused beyond reasonable doubt. 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.

Other judgments reported in 2026 PCRLJ

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