Section 302 (b) / 34 Qatl e amd Apprecia tion of Proof of Advantage The suspect's prosecution case was based on circumstantial evidence only, ten days after the complainant's disappearance of his seven-year-old son. An FIR was filed during the hearing. Separate statements from the contents of the FIR, the testimony of the two last witnesses, who were closely related to the deceased child, lived thirty-five kilometers away from the scene of the incident, and their statement was not disclosed in the FIR. In addition, the aforesaid witnesses did not inform the complainant about the fact that the evidence of the alleged extra-judicial confessions given by the accused is not credible as the circumstances do not suggest that they will be able to give the witnesses any favors. As we can expect, not only was it unusual for them, but the complainant was also related to the co-accused. The jumble that he had strangled and killed the child, as revealed by the AC involved in extra-judicial confession, had already been acquitted unless otherwise stated in the confession. How to kill a child was uncertain, impossible and not convincing The accused could not be relied upon to retrieve articles related to the victim's child, as the complainant did not mention in the FIR that the child was wearing the articles when he went missing. The bodies of the deceased were found on the joint indications of the two accused, who could not prove that they were special. But he had. According to the post-mortem report, the child's body could not be identified by its characteristics, and prosecutors did not say that they had died.
Related judgments — Lahore High Court Lahore, 2011
