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Shahnawaz Almani vs State Ss — 2024 PCrLJ 1535 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 1535 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
Shahnawaz Almani 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

Shahnawaz Almani VS State Ss. 302(b), 364, 376 & 201---anti-Terrorism act (XXVII of 1997), S.7---Qatl-i-amd, kidnapping or abducting any person in order that such person may be murdered, rape, causing disappearance of evidence of offence, or giving false information to screen offender, act of terrorism---appreciation of evidence---Last seen evidence, principle of---applicability---accused was charged for kidnapping minor niece of complainant and murdering her after rape---Record showed that last seen evidence had been produced by three witnesses---From the evidence of eye-witnesses who had seen the accused taking minor girl with him and her never returning and later she being found dead in crop, clearly showed that the deceased-baby was last seen with the accused who took her in front of the eye-witnesses---Thus, the last seen principle was absolutely applicable against the accused in the present circumstances---Therefore, the accused was connected in a chain of events that occurred leading to the recovery of the deceased baby girl on the pointation of the accused---Therefore, it was a link to the chain of circumstances against the accused---Such piece of evidence connected the circumstances i.e. the deceased knew the accused who was her maternal cousin---Complainant, father of the deceased baby, was relative of the accused and there was no ill will on their part to implicate him by leaving the real culprit---Moreover the incident took place within a short gap between the sighting and the occurrence of the offence, which was consistent with the prosecution evidence---appeal against conviction was dismissed, in circumstances.

Other judgments reported in 2024 PCRLJ

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