| Citation(s) |
|---|
| 2026 SLG 4580 = 2026 SLD 4580 = 2026 PLJ 180 |
Lahore High Court
Crl. A. No. 52570 of 2019
Presented By: Sardar Akbar Ali JUDGE
M/s. Ghulam Abbas Khan Baloch and Rana Waqas Habib Khan, Advocates for Appellant. Rana Muhammad Imran Anjum, DPG for State. Nemo for Complainant. Date of hearing: 20.10.2025.
Crl. A. No. 52570 of 2019
Presented By: Sardar Akbar Ali JUDGE
M/s. Ghulam Abbas Khan Baloch and Rana Waqas Habib Khan, Advocates for Appellant. Rana Muhammad Imran Anjum, DPG for State. Nemo for Complainant. Date of hearing: 20.10.2025.
WASIM AHMAD alias NOMI--Appellant
VERSUS
STATE etc.--Respondents
Law: Pakistan Penal Code (PPC),1860
Section: 367-A, 377, 302, 201
Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 367-A, 377, 302 & 201--Kidnapping and abduction--Conviction and sentence--Last seen evidence--last seen evidence is a weakest type of evidence and can be procured at any stage of investigation by prosecution whenever it is required and same is hereby also disbelieved to extent of present appellant. [Para 10] A PLJ 2008 SC 687. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 367-A, 377, 302, 201--Conviction and sentence--Kidnapping and abduction--No eye-witness--No direct evidence--No motive given by complainant--Benefit of doubt--The evidence of polygraph test for reasons stated above is of no avail to prosecution and cannot be relied upon--Even otherwise, medical evidence may confirm ocular account with regard to seat of injuries, nature of injury, kind of weapon used in occurrence but is not connected accused with commission of crime-- Such recovery is not worthy of any credence and could not be used against accused in circumstances and same is disbelieved--The case of prosecution is highly doubtful and prosecution has failed to prove indictment--Moreover, evidence brought against appellant has been found to be contradictory, untrustworthy and non-confidence inspiring, therefore, reasons and conclusions drawn by trial Court being found on improper evidence cannot be allowed to hold field and as such merits to be set at naught--In order to extend benefit of doubt to an accused person, it is not necessary that there should be several circumstances creating doubt, rather one reasonable doubt is sufficient to acquit an accused. [Para 11, 12, 15 & 16] B, C, D & E 2008 SCMR 1064; 2024 SCMR 156; 2024 SCMR 1146 & 2024 SCMR 1191. M/s. Ghulam Abbas Khan Baloch and Rana Waqas Habib Khan, Advocates for Appellant. Rana Muhammad Imran Anjum, DPG for State. Nemo for Complainant. Date of hearing: 20.10.2025. Judgment Wasim Ahmad alias Nomi (appellant) was tried by the learned Additional Sessions Judge, Hafizabad, in a case FIR No. 193/2018, dated 17.03.2018 for offence under Section 367-A, 377, 302,…