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---appreciation of evidence---appeal against acquittal---Delay of about twenty five hours in lodging the FIR---Effect---Prosecution case was that the accused persons armed with weapons forcibly alighted the son of complainant in a vehicle and took/abducted him and so far the whereabouts of his son were not known---First Information Report was lodged after unexplained delay of twenty five hours---Fard-e-bayan showed that the alleged incident took place on 15th March 2017 at about 4.30 p.m., but the complainant kept silent on the said date by not bringing the law into motion---On the following day at about 5.30 p.m., complainant approached the Tehsildar and lodged the FIR---Delay in lodging the FIR was not justifiably explained which showed the unnatural conduct of the complainant as his son was abducted by number of accused persons and his life was also in danger but he did not lodge the FIR promptly---Non-reporting the incident immediately to the law enforcing agencies had rendered the entire case of prosecution as doubtful and it appeared that the complainant nominated a number of accused persons in the crime after consultation and deliberation---Circumstances established that the prosecution had failed to prove its case against the accused---appeal against acquittal was dismissed, in circumstances.

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