GHULAM SARWAR vs KHUDA BUX Ss — 2022 YLR 1519 FEDERAL-SHARIAT-COURT

Case information

Citation: 2022 YLR 1519 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2022
Reporter: YLR
Parties: GHULAM SARWAR vs KHUDA BUX Ss
Subject matter: Criminal
Provisions referred to: S. 17

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

GHULAM SARWAR VS KHUDA BUX Ss. 302, 364, 337-F(i), 337-H(2), 506(2), 147, 148 & 149---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)--- Qatl-i-amd, kidnapping or abduction in order to murder, ghayr-jaifah-damiyah, rash and negligent act, rioting, rioting armed with deadly weapon, unlawful assembly, haraabah---appreciation of evidence---appeal against acquittal---Non-production of daily diary---Scope---accused were charged for assaulting on the complainant party, kidnapping its one member and later on committing his murder---Prosecution had not produced daily diary entries to establish the movements of the police including the Investigating Officer to the place of vardat and the place where the dead body of deceased was found and their return to the police station from the aforesaid places---although production of said daily diary was essential to prove that the said proceedings were conducted there at the relevant places, as claimed by the prosecution---Circumstances established that the finding of acquittal, rendered by the Trial Court was neither arbitrary nor was capricious---appeal was dismissed accordingly.

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