NADEEM QAYYUM vs State Ss — 2022 YLR 1290 ISLAMABAD

Case information

Citation: 2022 YLR 1290 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: YLR
Parties: NADEEM QAYYUM vs State Ss
Subject matter: Criminal
Provisions referred to: S. 365

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

NADEEM QAYYUM VS State Ss. 302(b), 365, 201 & 34---Qatl-i-amd, kidnapping or abducting with intent to secretly and wrongfully confine person, causing disappearance of evidence, common intention---Appreciation of evidence---Sentence, reduction in---Delay in lodging FIR---Scope---Accused was charged that he along with co-accused committed murder of the son of the complainant---First Information Report was lodged on 21.01.2009 at 3.10 p.m. under S.365, P.P.C.---Complainant, in the said FIR had nominated the accused persons and alleged that they had abducted his son for ransom or with the intention to murder him---Witness had lastly seen the deceased alive in the company of the accused persons at 7.00 p.m. on 20.01.2009, however, it was only when the deceased did not come home until it was late night that the complainant started searching for him---Where a person went missing it was usual for his relatives to search for him and such search might take a long time---Police was invariably approached only after all avenues for the search were exhausted---Delay in the lodging of FIR in such cases was not fatal to the case---Circumstances established that the present case did not present special features warranting interference in the convictions of the accused persons---Judicial confession made by the accused persons could not be relied upon, thus, the sentence of accused was reduced from imprisonment for life to the term already undergone/served by them---Appeal was partly allowed.

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