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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

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---Last seen evidence---Scope---accused were charged for committing murder of minor niece of complainant after kidnapping and raping her---Record showed that there was no eye witness to the kidnapping, rape, murder or dumping of the dead body of the deceased by the accused---No last seen evidence was available to connect the accused with the deceased---according to the witness of last seen evidence, the deceased was last seen on a camel which was being lead by someone else other than the accused whose identity remained unknown---Evidence of said witness was corroborated by two other witnesses, who stated in cross-examination that they could not identity anybody neither the camel person nor the person running along with the camel---No evidence showing that the accused persons had anything to do with camels---Evidence showed that the accused was a painter by profession---Co-accused was not even seen with accused at the time when he paid for the deceased's camel ride which might have even been an act of kindness on behalf of accused as the deceased had no money whereby witness who was riding on the camel with the deceased paid for the ride herself---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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