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ABID ALI vs State S — 2022 PCrLJ 286 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 PCrLJ 286 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
PCRLJ
Parties
ABID ALI vs State S
Subject matter
Criminal
Provisions referred to
S. 365---C; S. 365; S. 164; Criminal Procedure Code (V of 1898)

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

ABID ALI VS State S. 365---Criminal Procedure Code (V of 1898), Ss. 161 & 164---Qanun-e-Shahadat (10 of 1984), Art. 22---Kidnapping or abducting with intent to secretly and wrongfully confine person---Appreciation of evidence---Benefit of doubt---Delayed identification parade---Kidnapee not recovered from custody of accused---Delay in recording statement of kidnapee---Scope---Accused persons assailed their conviction by Magistrate and Sessions Judge under S. 365, P.P.C.---Alleged kidnapee was released by the accused, where after; the police had taken him to the police station, meaning thereby that the police had not recovered the kidnapee from the house of accused---Kidnapee had identified the accused persons without any reference to the role allegedly played by them during the course of occurrence, due to which the identification parade had lost its evidentiary value---Kidnapee had not given the hulia (feature/description) of accused persons---Statement of kidnapee under S. 164, Cr.P.C. was not recorded in presence of accused, thus could not be relied upon---Statements of kidnapee under Ss. 161 & 164, Cr.P.C., were recorded with delay---Kidnapee had also made dishonest improvements, which had dented the reliability of his statement---Impugned judgments were set aside and the accused persons were acquitted of the charge, in circumstances. Head NotesCase Description

Other judgments reported in 2022 PCRLJ

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