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TANVEER ABBAS vs State Ss — 2022 MLD 1636 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 MLD 1636 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
MLD
Parties
TANVEER ABBAS vs State Ss
Subject matter
Criminal
Provisions referred to
S. 161

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

TANVEER ABBAS VS State Ss.302(b), 364, 201, 404, 148 & 149---Qatl-i-amd, kidnapping or abduction in order to murder, causing disappearance of evidence of offence or giving false information to screen offender, dishonest misappropriation of property possessed by deceased person at the time of his death, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Extra-judicial confession---Scope---Accused were charged for abducting brother of complainant with an intention of his qatl-i-amd and after his murder, accused persons had screened the dead body---Official witness asserted that accused persons came to him and made the confession turn by turn---On confrontation from his statement recorded under S.161, Cr.P.C and cursory declaration he had been found under improvement when he added that accused and his co-accused made confession turn by turn, in his earlier statements it appeared to be joint extra judicial confession which had no evidentiary value---Conduct of said witness was highly objectionable for the reason that if he got the important information, why he did not appear before the police on the same day and why he came forward for his statement under S.161 Cr.P.C---Delayed statement of an important witness without offering any explanation was not reliable---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal was allowed and accused was acquitted by setting aside the convictions and sentences recorded by the Trial Court.

Other judgments reported in 2022 MLD

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