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---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Abduction with murder, rioting, rioting armed with deadly weapon, unlawful assembly---Appeal against acquittal---Appreciation of evidence---Withholding of material evidence---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---Record showed that the alleged abductee narrated the whole story with regard to his abduction by the nominated accused persons and it had specifically been stated by him that after three days of incident the nominated accused persons handed him over to three witnesses---None of the said three witnesses were associated in the investigation or produced in the Trial Court to affirm the statement of abductee---Alleged abductee stated that the accused persons had also filmed his naked video, however, in his cross-examination, he admitted that he himself did not watch the said video rather he heard about the same and said video was seen by three witnesses---No explanation on the part of prosecution was available as to why the evidence of those witnesses was withheld, therefore, a presumption under Art. 129(g) of Qanun-e-Shahadat, 1984, could fairly be drawn that had the said witnesses been examined in the court their evidence would have been un-favourable to the prosecution---Prosecution thus had failed to prove its case against the accused---Appeal against acquittal was dismissed, in circumstances.

Other judgments reported in 2021 YLR

2021 YLR 110 QUETTA-HIGH-COURT-BALOCHISTANDEPUTY COMMISSIONER (REVENUE)/COLLECTOR VS MEHRULLAH KHAN. Ss. 18 & 23 - Reference to court - Enhancement of compensation - Referee Judge en…
2021 YLR 90 QUETTA-HIGH-COURT-BALOCHISTANRAKHSHANDA JAMAL VS SHAHID-UL-HASSAN. Art. 199 - Constitutional petition - Maintainability - Pendency of criminal proceedings - Petitioner s…
2021 YLR 2068 PESHAWAR-HIGH-COURTGHULAM MUHAMMAD VS REGIONAL COMMISSIONER FOR FEDERAL OMBUDSMAN, PESHAWAR ambiguity, avoiding of---Principle---Each and every part of statute…
2021 YLR 328 ISLAMABADMUHAMMAD NAWAZ VS State S. 497---Penal Code (XLV of 1860), Ss. 406, 468, 471 & 109---prevention of electronic Crimes Act (XL of 2016), Ss. 1…
2021 YLR 2033 PESHAWAR-HIGH-COURTMUHEEB ULLAH VS State absconsion---Scope---Conviction of an accused could not be based on his abscondence when otherwise the prosecution fai…
2021 YLR 1560 PESHAWAR-HIGH-COURTMEHBOOB-UR-REHMAN VS State S. 497---Penal Code (XLV of 1860), S. 149--- Bail--- Common object---Vicarious liability---Scope---Question of vi…

Back to the case-law library · Search Pakistani case law in Urdu or English