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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---Unnatural conduct of eye-witness---Scope---accused were charged for committing rape upon the sister and niece of complainant and then murdering the brother-in-law, sister and two nephews of the complainant and also injuring his niece---Injured witness stated that after the incident she managed to reach Police Station with her younger brother and sister---However, no FIR was lodged at that time and no police entry to that effect had been produced---Police called an ambulance for that young injured women and sent her off unaccompanied to hospital---No member of ambulance was examined as a witness and Investigating Officer who was on duty at 8.00 am that morning at Police Station had no idea that injured had reached the Police Station in the morning---Investigating Officer was only informed as to where the dead bodies were lying and when he reached that place found that they had already been taken to Civil Hospital---Such was very surprising conduct on the part of injured and the police and did not particularly accord with natural human conduct based on the particular facts and circumstances of the case---Circumstances established that the prosecution had failed to prove its case against the accused beyond of any reasonable doubt--- appeal against conviction was allowed, in circumstances.

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