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MASTER JUMAN BURIRO vs State Ss — 2022 YLR 299 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLR 299 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
YLR
Parties
MASTER JUMAN BURIRO vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---K

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

MASTER JUMAN BURIRO VS State Ss. 365-a, 109 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Kidnapping or abduction for extorting property, valuable security, etc., abetment, common intention, act of terrorism---appreciation of evidence---Rule of consistency--- Scope--- accused were charged for kidnapping the brother of complainant for ransom---Record transpired that co-accused on the basis of same set of evidence had been acquitted by the Trial Court and the appeal filed by the complainant against the acquittal had also been dismissed---Nothing was available on record to show that complainant had filed any further appeal against acquittal of said co-accused---Perusal of record showed that the Trial Court while disbelieving the evidence of the prosecution witnesses against the said co-accused, on the basis of same set of evidence, had convicted the present accused which was in clear violation of rule of consistency---Rule of consistency demanded that if prosecution evidence had been disbelieved in respect of a co-accused, the same could not be relied upon for convicting other accused, unless corroborated by the evidence which came from the unimpeachable independent source, which was lacking in the present case---appeal against conviction was allowed, in circumstances.

Other judgments reported in 2022 YLR

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