Syed ZAHIR SHAH vs HABIBULLAH alias SABO Ss — 2021 YLR 2239 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 YLR 2239 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: YLR
Parties: Syed ZAHIR SHAH vs HABIBULLAH alias SABO Ss
Subject matter: Criminal

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

Syed ZAHIR SHAH VS HABIBULLAH alias SABO Ss. 365, 147, 148 & 149---abduction with murder, rioting, rioting armed with deadly weapon, unlawful assembly---appeal against acquittal---appreciation of evidence---Contradictory statement of abductee---Scope---Prosecution case was that the accused persons armed with weapons forcibly alighted the son of complainant in a vehicle and took/ abducted him along with themselves and so far the whereabouts of his son were not known---abductee, in the Court statement, implicated the accused in the commission of crime while in his confessional statement, he negated the whole case of prosecution that no incident of abduction took place rather the accused came at the place of incident to commit his murder---Furthermore, the alleged abdcutee was not recovered by the law enforcing agency rather after three days of his disappearance he came on picture and after his revelation he recorded his confessional statement before the Judicial Magistrate wherein he negated the whole prosecution case and exonerated all the accused persons---Prosecution thus had failed to prove its case against the accused---appeal against acquittal was dismissed, in circumstances.

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