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MUHAMMAD NOMAN vs State Ss — 2022 PCrLJN 95 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 95 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MUHAMMAD NOMAN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 154

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

MUHAMMAD NOMAN VS State Ss. 302(b), 392, 344 & 34---Qatl-i-amd, robbery, wrongful confinement for ten or more days, common intention---Appreciation of evidence---Benefit of doubt---Last seen evidence---Scope---Accused were charged for committing murder of the father of complainant and then robbing different articles from his house---Sister-in-law of complainant had furnished last seen evidence of the case, who saw two women and one man sitting with the deceased in his room, however, the statement of said witness was not recorded for two days and that she was not taken to identify the accused at the identification parade, which itself diluted the case of the prosecution as far as the last seen evidence was concerned---No cogent reason was given at trial to establish that the deceased in normal and ordinary course was in the company of the accused---No cogent evidence was produced that the deceased knew the accused (apart from a vague assertion made by sister-in-law of complainant)---No motive for the accused to kill the deceased was available, thus, it appeared that the motive regarding robbery, as was the statement of sister-in-law of complainant, was manufactured by the Investigating Officer to establish a case---No mention of missing articles was found in the statement under S. 154, Cr.P.C. that the complainant recorded, however, subsequently, it was alleged that cash, gold ornaments, mobile phones, camera, and other articles were robbed by the accused from the deceased's room---Fact remained that the entire family of the deceased did not know that all the said items had been robbed from their father, which was extremely unnatural and unbelievable---Circumstances established that it would be unsafe to sustain a conviction on the basis of the evidence produced at trial---Appeals against conviction were allowed, in circumstances.

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