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ABDUL MAJEED alias BOHRA vs State Ss — 2022 PCrLJ 186 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJ 186 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PCRLJ
Parties
ABDUL MAJEED alias BOHRA vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q; S. 342

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

ABDUL MAJEED alias BOHRA VS State Ss. 302(b), 376(ii), 364-a & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, kidnapping or abducting a person under the age of fourteen, rape, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Recovery of certain articles belonging to deceased---Scope---accused were charged for committing murder of minor niece of complainant after kidnapping and raping her---In the present case, certain articles belonging to the deceased were recovered---Recovery of all those articles were result of conjecture and surmises and without any legal backing hence, same did not advance the case of the prosecution especially when all those pieces of evidence were denied by the accused while making their statement under S. 342, Cr.P.C---With regard to the recoveries of the chapal and chaddar found at apartment of accused, there was no evidence that those belonged to the deceased and even otherwise when the deceased's body was moved from house of accused it did not appeal to reason, logic or common sense that accused would have left those belongings of the deceased at his house where they could be readily found---accused would have disposed of them when he allegedly disposed of the body---High Court observed that even if it was accepted that the recoveries were made on the pointation of the accused persons which they later denied those recoveries alone would not be sufficient to convict the accused without overwhelming other admissible prosecution evidence---Circumstances established that the prosecution had failed to prove its case against the accused without any shadow of doubt---appeal against conviction was allowed, in circumstances.

Other judgments reported in 2022 PCRLJ

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