MUHAMMAD SHARIB vs State Ss — 2023 PCrLJN 45 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD SHARIB VS State Ss. 365-a & 34---anti-Terrorism act (XXVII of 1997), S. 7---Kidnapping or abducting for extorting property, valuable security and common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Delayed FIR---Delayed identification parade---Withholding best evidence---Scope---accused persons were alleged to have abducted the minor son of complainant for ransom---Complainant had reported the incident to the Citizen Police Liaison Committee stating therein that his son was missing from his house---alleged abductee had returned to complainant on second day through two police constables---None of the police constables were examined by the prosecution---FIR was lodged with a delay of two days---Co-accused was involved on the basis of alleged statement of accused, which could hardly sustain on legal premise---Co-accused was although identified by the alleged abductee but the identification parade was conducted after eight days of his arrest---No ransom was paid to anyone for the release of alleged abductee---admittedly, accused was the tenant of complainant and dispute on rent was suggested at trial---Prosecution was not able to prove its case against the accused persons beyond shadow of doubt---Conviction and sentence recorded against the accused persons together with impugned judgment was set aside---appeal against conviction was allowed, in circumstances.

MUHAMMAD SHARIB vs State Ss — 2023 PCrLJN 45 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported