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GUL MOHAMMAD vs ABDUL GHAFFAR Ss — 2022 YLRN 102 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 102 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
GUL MOHAMMAD vs ABDUL GHAFFAR Ss
Subject matter
Criminal
Provisions referred to
S. 161

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

GUL MOHAMMAD VS ABDUL GHAFFAR Ss. 365-B & 382---Kidnapping, abducting or inducing woman to compel for marriage, theft after preparation made for causing death, hurt or restraint in order to commit theft---Appreciation of evidence---Appeal against acquittal---Contradictions in the statements of witnesses--- Scope--- Accused were charged for forcibly abducting the minor daughter of complainant and also for taking away his motorcycle---In the FIR, the complainant had stated that accused persons and two unknown persons had committed the alleged offence---Complainant in his evidence had stated that on 21.08.2017, he came to know that accused was involved in the abduction of his daughter, who was shown as unknown in the FIR---Police recorded his further statement---Complainant, on 30-10-2017 came to know that co-accused was also involved in the case, police recorded his further statement, while prosecution witness had stated that police recorded his statement---Said witnesses came to know on 21.08.2017 that another co-accused was also involved in abduction of his sister---Complainant also recorded his statement after having knowledge of involvement of the co-accused---Police Official stated that complainant came at police station with his two sons, but his one son did not state about his going with his father and brother to police station at the time of lodging FIR---Witness had stated that they went to visit place of incident in police uniform, whereas other witness had stated that Police personnel were in civil dress---Witness had stated that they consumed 10/15 minutes at place of wardat in entire proceedings, whereas other witness had stated that Police Official consumed 30 minutes in preparation of mashirnamas and they stayed about one hour at place of wardat---Initial statements of the witnesses recorded under S.161, Cr.P.C., rendered the credibility of the said witnesses doubtful and their evidence unreliable---Said infirmities, material and glaring contradictions, omissions and admissions were adverse to the prosecution case---Appeal against acquittal was dismissed, in circumstances.

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