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---Recovery of incriminating material---Scope---accused was charged for committing murder of the brother of the complainant after kidnapping him for extorting property---Wrist watch and SIM were recovered, which allegedly belonged to the deceased---Neither in the FIR nor in the supplementary statement it was mentioned that the deceased was wearing wrist watch when at the time of kidnapping or he was having any mobile phone with him---Said fact was also admitted by the Investigating Officer while appearing in the witness box---Said fact alone smashed the prosecution case against the accused, qua recovery of articles/belongings of the deceased---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