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---Contradictions in ocular account and medical evidence---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 it was the case of prosecution that encounter took place on 17.01.2022 at 06:30 a.m., while the accused was arrested on the same day at 05:00 pm---Investigation Officer had alleged that the accused was arrested in wounded condition and subsequently at 05:30 p.m. he was brought to the Civil Hospital for treatment and medical examination---Perusal of Medico-Legal Certificate of accused narrated a different story as it was mentioned that the injury received by the accused in between thumb and index figure of right hand was one or two days old, so the Medico Legal Certificate contradicted the prosecution version that encounter took place at 06:30 a.m. and accused was arrested approximately 11 hours later, on same day---Said contradiction had also caused doubts about the veracity of 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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