2024 YLR 2521
The evidence of extrajudicial confession does not bear any credibility and that cannot be permitted to render any sort of help to the case of the prosecution because both the witnesses of extrajudicial confession namely Rashid Imran (PW.
and Tahir Saleem alias Tariq Saleem (PW.9) are not relatives of Sheraz Gul, who had no authority or any status in the vicinity to get pardon from him in favour of the appellant. Even otherwise, the evidence of extrajudicial confession has been declared a weak type of evidence by the Supreme Court of Pakistan----
Evidence of foot tracker is not reliable as requirements of Rule 26 of Champter XXV of The Punjab Police Rules, 1934 habe not been fulfilled in this case----
The prosecution has failed to prove the safe custody of moulds as statement of Ghulam Qadir, SI (PW.15) is silent about the fact that on which date and time, he handed over the moulds to the moharrar of the police station----- Moreover, the report of Forensic Science Agency, Lahore (Exh.PU) is partially negative.----
The evidence of last seen furnished by Muhammad Numan (PW.14) and Sana Ullah (PW.16) is not helpful to the prosecution as they failed to justify their presence at the canal where the baby was allegedly thrown by the accused persons. Moreover, their conduct is highly unnatural-----
Co-accused of the appellant Yasir Ali has been acquitted of the charge through the same judgment to whom effective role was ascribed by the prosecution in the occurrence---
Recovery of Churri at the instance of appellant was effected from open place and the report of Forensic Science Agency, Lahore is in the negative. Recovery of motorcycle at the pointation of the appellant is inconsequential as no registration number, colour, company name has been described by the prosecution witnesses-----
The prosecution has also failed to prove the motive part of the occurrence. The case against the appellant is replete with doubts and his conviction and sentence cannot be upheld on the basis of such shaky and untrustworthy evidence. The appeal is accepted and the accused is acquitted of the charge.
0 Comments