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ADIL vs State Ss — 2022 PCrLJN 47 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 47 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
ADIL 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

ADIL VS State Ss. 302, 324, 365, 376 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, kidnapping or abducting with intent secretly and wrongfully to confine a person, rape, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Scope---accused were charged for committing rape upon the sister and niece of complainant and then murdered the brother-in-law, sister and two nephews of the complainant and also injured his niece---Ocular account of the incident had been furnished by sole injured witness---according to the evidence of said witness, the accused barged into her house at 2.00 a.m. in the morning when all the deceased and herself were apparently awake eating dinner which seemed somewhat odd to say the least---at such a late hour most families had eaten and had long since gone to bed---apparently, said witness narrated the incident to the complainant whilst she was being treated in hospital yet according to the evidence of Investigating Officer, when he went to take the statement of said witness in hospital, the Medical Officer informed him that she was unable to make a statement and stopped him from doing so which tended to cast doubt on the content of the later FIR lodged by the complainant---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---appeal against conviction was allowed, in circumstances.

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