MUHAMMAD EJAZ vs State Ss — 2022 YLRN 39 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD EJAZ VS State Ss. 302(b), 364, 365-a & 201---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, kidnapping or abducting in order to murder, kidnapping or abducting for extorting property, valuable security etc., causing disappearance of evidence of offence, or giving false information to screen offender, act of terrorism---appreciation of evidence---Benefit of doubt---Delay of about nine days in lodging the FIR---Effect---accused was charged for committing murder of the brother of the complainant after kidnapping him for extorting property---Record showed that matter was reported to the police with a delay of nine days for which no plausible explanation had been rendered by the prosecution---admittedly, the accused was not named in the FIR rather the same was registered against unknown accused persons---Involvement of the accused in the case was based upon statement of co-accused---Such like evidence must be corroborated by independent incriminating material/ evidence to establish nexus of the accused with the alleged occurrence---admittedly, said co-accused had already been acquitted of the charge by the court---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

MUHAMMAD EJAZ vs State Ss — 2022 YLRN 39 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported