Yaseen Balouch vs State Ss — 2024 MLD 703 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 703 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: Yaseen Balouch vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---Q

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

Yaseen Balouch VS State Ss. 302, 324, 365 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, kidnapping or abducting with intent to secretly and wrongfully confine person, common intention, act of terrorism---appreciation of evidence---Benefit of Doubt---Contents of FIR based on hearsay evidence---Effect---accused were charged for committing murder of sister, brother-in-law and two nephews of the complainant, injuring his niece and also committing rape with his niece and her mother---Record showed that at 06:00 p.m., Investigating Officer recorded the statement of the complainant at his home who gave a very detailed statement of the incident i.e. rape and murder which had allegedly been given to him earlier by injured witness at the hospital who even gave the names of all the accused and co-accused---Such detail in the FIR based on the hearsay evidence of an injured women who was not well enough to record her statement before the police at about the same time as she gave the information to the complainant was somewhat dubious---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

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