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SAJID alias SAJJU vs State Ss — 2023 YLRN 79 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLRN 79 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Parties
SAJID alias SAJJU vs State Ss
Subject matter
Criminal

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

Judgment text as reported

SAJID alias SAJJU VS State Ss. 302(b), 364, 201 & 34---Qatl-i-amd, kidnapping or abduction in order to murder, causing disappearance of evidence of offence or giving false information to screen offender, common intention---Appreciation of evidence---Benefit of doubt---Delay of about eight months in lodging the FIR---Effect---Accused were charged for abducting the son of the complainant with the intention to kill him---Motive as stated by the complainant was that a quarrel had taken place between accused and deceased wherein the accused received injuries but the matter was patched up through a punchait, however, the accused had kept grudge in his mind, due to which occurrence took place---Record showed that the son of the complainant went missing from his home on 12.09.2007 at 01:00 p.m., whereas the said incident was firstly reported to the police with a delay of about eight months on 01.05.2008---According to the prosecution story as set forth in the complaint on the basis of which formal FIR had been lodged was that accused persons along with co-accused (since acquitted) along with an unknown person came in the house of the complainant at 1:00 p.m. on 12.09.2007, called his son and took him along---Complainant, on failure to trace out his son, filed an application to the police for registration of case on 01.05.2008---On going through the same, it was noticed that such a noticeable delay had not been plausibly explained by complainant---Circumstances established that the prosecution failed to prove its case against the accused persons beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

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