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---Presence of eye-witnesses at the spot at the relevant time established---Scope. The accused was charged for abducting the son of the complainant, committing unnatural offence and murdering him. The eye-witnesses were found to be credible and natural witnesses whose presence at the place of occurrence was both plausible and justified. Their testimony was supported by the fact that they apprehended the accused at the graveyard where the dead body of the deceased minor was found lying beside the grave. It was acknowledged that the eye-witnesses were neither relatives of the complainant nor had any enmity or ill-will against the accused. The absence of bias enhanced the credibility of their testimony. The credibility of eye-witnesses was recognized particularly in cases where witnesses had no motive to falsely implicate the accused or fabricate evidence. The eye-witnesses remained firm and consistent during cross-examination and their accounts were corroborated by medical evidence and other supporting circumstantial evidence. Therefore, the evidence produced by the prosecution was found reliable, trustworthy and consistent with the established principles regarding appreciation of eye-witness testimony. Circumstances established that the prosecution had successfully proved its case 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.

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

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