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

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

Syed ZAHIR SHAH VS HABIBULLAH alias SABO Ss. 365, 147, 148 & 149---abduction with murder, rioting, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---appeal against acquittal---Contradictions and dishonest improvements made by complainant---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---Contents of fard-e-bayan were silent with regard to source of information of the incident received by complainant but in his court statement, he mentioned that a shopkeeper informed him that 10/11 persons in two vehicles came over there and after torturing abducted his son---Court statement of complainant did not suggest the name of shopkeeper, who informed him about the incident and even the said shopkeeper had simply told him that 10/11 persons abducted his son without disclosing the names of culprits---Complainant had not witnessed the crime directly and even the sole eye-witness of the occurrence also did not disclose the names of culprits then as to how the complainant nominated the accused persons---Both the accused and the complainant party were known to each other prior to incident and accordingly the complainant nominated the accused persons in his fard-e-bayan but he did not identify them in the court---Statement of complainant was contradicted by the shopkeeper, who stated that about two months ago he was present in his shop when a boy came to his shop and stated that few people had abducted son of complainant and thereafter the said child went to the house of complainant and informed him about the incident---Shopkeeper made his ignorance with regard to the names of accused persons--- Statement of shopkeeper fully negated the statement of complainant, who had claimed that he was informed about the incident by the shopkeeper---Source of information about the names of the culprits had not been proved---alleged abductee contradicted the statements of remaining witnesses---Prosecution thus had failed to prove its case against the accused---appeal against acquittal was dismissed, in circumstances.

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

Case information

Judgment text as reported

Other judgments reported in 2021 YLR