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

Case information

Citation
2022 PCrLJN 99 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
ALTAF HUSSAIN vs State Ss
Subject matter
Criminal

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

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---Unseen incident---Scope---Accused was charged for abducting the son of complainant and then murdering him---Record showed that there was no eye-witness of the murder and no evidence was available with the prosecution as to when the murder was committed and by whom it was committed---Complainant stated that accused took the deceased on 1.4.2011 and dead body was recovered on 3.4.2011---At the time when dead body was recovered blood was oozing from the nose, fact that blood was oozing had also been confirmed by the other witnesses including the police witness---Witness/brother of complainant admitted during the cross-examination that he was not eye-witness of the incident and also had not seen accused while committing murder of deceased---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

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