MUHAMMAD SULEMAN vs KHUDA BUX alias DHOLLO Ss — 2023 PCrLJN 25 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD SULEMAN VS KHUDA BUX alias DHOLLO Ss. 141, 142, 144, 443, 365-a & 506---Unlawful assembly, being member of unlawful assembly, joining unlawful assembly, armed with deadly weapon, lurking house-trespass, kidnapping or extorting property, valuable security, criminal intimidation---appreciation of evidence---appeal against acquittal---appellant assailed the acquittal of accused persons by the Trial Court---First Information Report was lodged with a delay of 19 days for which no plausible explanation was furnished---Names of accused persons did not appear in the FIR---No abduction was committed---No independent or disinterested witness was examined before the Trial Court---Identification parade of the one of the accused persons was conducted after a delay of about 4 months of the registration of FIR and other accused persons were not put into identification parade---No recovery was made from any of the accused persons even though they were allegedly shown as armed with lethal weapons at the time of incident---Investigating Officer stated in his evidence that memo. of place of incident was prepared prior to registration of the FIR---Magistrate who had conducted the identification parade was not examined before the Trial Court---appeal against acquittal was dismissed, in circumstances.

MUHAMMAD SULEMAN vs KHUDA BUX alias DHOLLO Ss — 2023 PCrLJN 25 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported