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

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD IRFAN VS State Ss. 302(b), 365-a, 377 & 34---anti-Terrorism act (XXVII of 1997), S. 7---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---Medical evidence---Scope---accused were charged for abducting the minor son of complainant for ransom but subsequently he was murdered---Post-mortem report just established the cause of death of deceased---DNa report established the relationship of the deceased and the complainant being his biological father and the fact that unnatural offence was committed with deceased---Investigating Officer failed to obtain DNa samples of the accused persons, despite their arrest, for its matching with any sample found on the deceased to establish that it was in fact the accused persons who had committed the said unnatural offence with him---In the absence of the same, medical evidence was merely confirmatory evidence as far as establishing death goes---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