ALTAF HUSSAIN vs State Ss — 2022 PCrLJN 99 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

ALTAF HUSSAIN VS State Ss. 302, 364, 120-B, 148 & 149---Qatl-i-amd, kidnapping or abducting in order to murder, criminal conspiracy, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Delay of about more than three days in lodging the FIR---Scope---Accused was charged for abducting the son of complainant and then murdering him---Record showed that the delay in the registration of FIR had not been explained by the complainant---Alleged by complainant that on 01.4.2011 the accused persons took the deceased from his house at 11.00 p.m. but he could not come back---Complainant party searched the deceased but could not succeed---Police received information on 03-04-2011 that a dead body was lying in other place and they rushed there where they found the dead body of the deceased---Complainant had not recorded any complaint about his missing son for about three days---Dead body was recovered on 3.4.2011, even then on the same day FIR was not registered and it was registered on 4.4.2011---Witness/brother of complainant admitted during the cross-examination that the complainant lodged the FIR after consultation with him and the other relatives---Complainant during the cross-examination also stated that without lodging FIR post-mortem of deceased was conducted and on 3rd day of recovery of dead body of deceased, FIR was lodged against the present accused---In the said circumstances the evidence of complainant and his witnesses could not be relied upon---Appeal against conviction was allowed, in circumstances.

ALTAF HUSSAIN vs State Ss — 2022 PCrLJN 99 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported