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MUJAHID vs State S — 2022 PCrLJ 227 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJ 227 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PCRLJ
Parties
MUJAHID vs State S
Subject matter
Criminal
Provisions referred to
S. 365-; S. 7---K

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

MUJAHID VS State S. 365-a---anti-Terrorism act (XXVII of 1997). S. 7---Kidnapping for ransom, act of terrorism---appreciation of evidence---Benefit of doubt---Delay of about six months in lodging the FIR---Scope---accused were charged for kidnapping the complainant for ransom and maing aerial firing for creating harassment---Record showed that FIR was lodged after 6 months of the incident when the alleged abductee was already recovered 04 months earlier to the lodgment of the FIR---abductee and his witnesses had reasoned out that delay by submitting that the abductee after recovery remained under treatment for one and half months---Such treatment was provided by the private Doctor---In case of such a huge delay, the evidence of said Doctor was important but the said Doctor was neither cited as a witness nor he was examined during the trial---Prosecution, during the trial, had not made any efforts for examining Doctor to establish that during the intervening period of recovery and lodgement of FIR, the abductee remained under treatment---Even if the assertion of treatment was accepted as gospel truth, it would be not helpful to the prosecution as according to prosecution witnesses, the abductee remained under treatment for one and half months only---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt--- appeal against conviction was allowed, in circumstances.

Other judgments reported in 2022 PCRLJ

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