ASHFAQUE AHMED vs State Ss — 2022 PCrLJN 38 KARACHI-HIGH-COURT-SINDH

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ASHFAQUE AHMED VS State Ss. 365-a, 395, 347 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Kidnapping or abduction for ransom, dacoity, kidnapping in order to murder, common intention, act of terrorism---appreciation of evidence---Delay of about five days in lodging the FIR---Effect---allegations against the accused were that they intentionally managed for an accident with the car of complainant, kept her under wrongful confinement, forcibly robbed cash foreign currency, gold, silver ornaments and got en-cashed cheque for Rs. one crore from her account---admittedly there was a five day delay in lodging the FIR and usually such delay could prove fatal to the prosecution case unless the delay was adequately explained---abductee was an old lady of 70 years of age and had explained her delay in lodging the FIR in her evidence by stating that she was a heart patient and remained in shock for five days---Even otherwise the complainant had no enmity with any of the accused and had no reason to falsely implicate any of them in that case---Complainant in the FIR, only nominated her driver and no other person which would not have been the case, if complainant wanted to fix the other accused through a false case and as such she had adequately explained her delay in lodging the FIR which had not caused prejudice to any of the accused---Circumstances established that the prosecution had proved its case against accused persons beyond a reasonable doubt, in circumstances---appeals were dismissed accordingly.

ASHFAQUE AHMED vs State Ss — 2022 PCrLJN 38 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported