Recovery of skeleton
Recovery of skeleton legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Son of complainant went missing and ten days after one skeleton was found from bamboo crop which was alleged to be that of missing son and accused persons were sent to face trial for committing his murder
Trial Court convicted both the accused and awarded death sentence to one accused while the other was awarded imprisonment for life
Validity
On tenth day of missing of complainant's son, when a skeleton was found, it was believed by prosecution witnesses and complainant to that of missing boy's
In absence of any evidence with regard to attack of animals on dead body of deceased, it was not believable that dead body of human was completely decomposed within a period of ten days and converted into a complete skeleton
To prove offence of murder, death should be homicidal of which onus in criminal trial was on prosecution
In absence of legal proof of death being homicidal, because of serious lacuna of not obtaining report of Anatomy Expert to prove homicidal death, the benefit must go to accused and not to prosecution as the same sealed the fate of prosecution
Prosecution failed to prove with convincing evidence that a skeleton found on tenth day of missing of boy in bamboo crop was that of complainant's son
Even if it was believed that the skeleton was that of complainant's son, even then prosecution failed to establish homicidal death and it was beyond understanding as to how accused persons opened their breast by confessing murder before a person who was not previously known to them
Evidence with regard to extra judicial confession on the part of prosecution was result of padding by prosecution in order to add some colour in faded picture of prosecution
High Court, in exercise of appellate jurisdiction, set aside conviction and sentence awarded to accused persons by Trial Court and acquitted them of the charge
Appeal was allowed in circumstances.
"Recovery of skeleton", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124944375
Precedents & Case Laws citing "Recovery of skeleton"
2017 P Cr
AURANGZAIB alias GUDDU — Appellant Versus The STATE — Respondent
Court: Lahore2017 M L D 1962
SAID AMIN — Appellant Versus The STATE — Respondent
Court: Federal Shariat Court1968 P Cr
KHADIM HUSSAIN AND ANOTHER‑Appellants Versus THE STATE‑Respondent
Court: Lahore2011 P Cr
Mst. BASRAN BIBI — Appellant Versus THE STATE — Respondent
Court: Federal Shariat Court2004 P Cr
MUHAMMAD ABDULLAH — Appellant Versus THE STATE — Respondent
Court: Lahore2003 S C M R 1723
MANSOOR AHMED SHAHID — Petitioner Versus THE STATE — Respondent
Court: Supreme Court of Pakistan1993 P Cr
MUHAMMAD MUMTAZ — Appellant Versus THE STATE — Respondent
Court: LahoreP L D 2014 Lahore 62
JAVED IQBAL — Appellant Versus The STATE — Respondent
Court: High CourtP L D 1994 Peshawar 102
MUHAMMAD RIAZ and 3 others‑‑Appellants Versus THE STATE‑‑‑Respondent
Court: ‑‑‑‑Ss. 325/201/34, 201/34 & 202‑‑‑F.I.R. not proved‑‑‑Effect‑‑‑Non‑proving of the first information report in the case would not per se vitiate the conviction.‑‑First Information Report.