MAQBOOL AHMED vs State Ss — 2023 MLD 578 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 578 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: MAQBOOL AHMED vs State Ss
Subject matter: Criminal

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

MAQBOOL AHMED VS State Ss. 324, 365-B, 147, 148, 149 & 511---attempt to commit qatl-i-amd, kidnapping, abducting or inducing woman to compel for marriage etc., rioting, rioting armed with deadly weapon, unlawful assembly, attempt to commit offence---appreciation of evidence---Benefit of doubt---Night time occurrence---No source of light---Scope---accused was charged that he and co-accused kidnapped the wife of nephew of complainant and also caused firearm injuries to her husband---Record showed that during the investigation, present accused was found innocent and his name was placed in column No.2 of the challan, however, the Trial Court had joined him in the trial without any material worth consideration against him---alleged injuries on the person of injured were on the back of right side of his chest---admittedly, the night of the incident was a dark night and there was no proper source of identification---Complainant had stated that the source of identification of the accused was the light of a hurricane lamp [lantern] and it was hardly believable that on the light of a hurricane lamp the accused numbering eleven could be recognized with descriptions of the weapons allegedly carried by them and that too under such terrorized circumstances---alleged hurricane lamp was not secured by the police during the investigation---Circumstances established that the prosecution had failed to prove its case against the accused beyond a reasonable doubt---appeal against conviction was allowed, in circumstances.

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