ABDUL GHAFFAR vs State Ss — 2023 PCrLJ 1043 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 1043 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: ABDUL GHAFFAR 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

ABDUL GHAFFAR VS State Ss. 365, 395, 324, 353, 186 & 34---abduction for ransom, dacoity, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, common intention---appreciation of evidence---Place of incident doubtful---accused was charged that he along with his co-accused kidnapped the clerk and brother of the complainant and also took account registers and cash amount of diesel amounting to rupees five million, and later, encounter took place which resulted into death of two accused persons---Record showed that the Investigation Officer did not collect any blood sample from the place of incident where according to prosecution story the encounter had taken place, so the place of incident where the encounter took place had become suspicious---absolutely no role had been assigned to the accused during the encounter and when allegedly he was arrested subsequently, no weapon was recovered from his possession which could connect him with the commission of alleged offence---all the said aspects of the matter had casted doubts upon the prosecution version---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.

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