MUHAMMAD IRFAN vs State Ss — 2023 YLRN 17 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD IRFAN VS State Ss. 302(b), 365-a, 377 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), art.40---Qatl-i-amd, Kidnapping or abduction for extorting property, valuable security, etc., unnatural offence, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Disclosure of the accused---Scope---accused were charged for abducting the minor son of complainant for ransom but subsequently he was murdered---accused persons pointed out the crime scene and the place of murder---as far as the memo of inspection of place of occurrence where the murder took place on the pointation of the accused persons and memo. of place of occurrence where the dead body was thrown as pointed out by the accused persons were concerned, the same did not fall within the ambit of art. 40 of the Qanun-e-Shahadat, 1984, as the same did not lead to the discovery of any new facts---Crime scene and the place wherefrom the dead body was recovered had already been visited by the police and the Investigating Officers, therefore pointation subsequent thereto was not a discovery of a fact within the meaning of art. 40 of the Qanun-e-Shahadat, 1984, inasmuch, as nothing was recovered in consequence thereto---Circumstances established that the prosecution had failed to prove the guilt of the accused persons beyond reasonable doubt---appeal against conviction was allowed accordingly.

MUHAMMAD IRFAN vs State Ss — 2023 YLRN 17 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported