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

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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---Benefit of doubt---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---accused was not nominated in both the FIRs---Subsequently, FIR was lodged on 17.01.2022 at Levies Station in which it was mentioned that encounter took place which resulted into death of two accused---accused was not even mentioned in the third FIR regarding alleged encounter between the Levies Personnel and accused party---Features of accused were also not mentioned in the FIR lodged by the Levies Personnel, nevertheless, it had been alleged that subsequently the accused was arrested in wounded condition and no weapon was recovered from the possession of accused---Statements of abductees had immense significance considering the attending circumstances of the case---Both abductees were allegedly kidnapped and subsequently, after encounter in which two accused died, were recovered---Both abductees were produced by the prosecution as witnesses in all the three cases and it was found that their statements had been reproduced in all three cases which were found to be verbatim and was gross-violation of S. 356(1), Cr.P.C---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.

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

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