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State vs AHMED OMAR SHEIKH Ss — 2021 SCMR 873 SUPREME-COURT

Case information

Citation
2021 SCMR 873 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
State vs AHMED OMAR SHEIKH Ss
Subject matter
Criminal
Provisions referred to
S. 342---; S. 342; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

State VS AHMED OMAR SHEIKH Ss. 363 & 365-a---Qanun-e-Shahadat (10 of 1984), arts. 117 & 122---Criminal Procedure Code (V of 1898), S. 342---abduction for ransom---Burden of proof---Scope---Once the prosecution had proved that the deceased was "last seen" with the accused, then the "legal burden" under art. 117 of the Qanun-e-Shahadat, 1984 on the prosecution would stand discharged, and then for the accused to avoid conviction for the charge of abduction, he would have to discharge the "evidential burden" under art. 122 to provide a plausible explanation or produce evidence of facts to nullify the stance established by the prosecution---Mere bold evasive denial of accused in his statement under S. 342, Cr.P.C. would not legally suffice to escape criminal culpability.

Other judgments reported in 2021 SCMR

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