ABID vs State Ss — 2024 PCrLJ 790 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.

ABID VS State Ss. 302(b), 363, 365-a, 376(ii) & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, kidnapping, kidnapping or abducting with intent to secretly and wrongfully confine person, kidnapping or abducting a person under the age of fourteen, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Defective investigation---accused were charged for committing rape with the daughter of the complainant after kidnapping her---according to the evidence of first Investigating Officer in this case on 01.08.2015 he initially arrested Mr. "G" and Mr. "N" on suspicion and brought them to the Police Station---During interrogation Mr. "G" informed him that one of the present accused persons had come on motor cycle with the deceased girl at his mechanic shop to meet Mr. "I", which led him to arrest said accused on 02.08.2015 who was located through spy information---Significantly, Mr. "G" would have been the best witness for last seen evidence however he was not called as a witness to give evidence for the prosecution and nor was Mr. "I" for reasons best known to the prosecution---Surprisingly Mr. "G" did not mention that the girl was raising any objection to being with accused or was in any kind of distress---No explanation was furnished as to why the Investigating Officer found Mr. "G" to be innocent and was dropped as the main suspect although the defence claimedthat it was on account of him taking a bribe---Once accused was arrested rather conveniently a further statement was taken from the complainant introducing for the first time that a ransom demand had been made for the safe return of the deceased and accused was later conveniently identified by the complainant as one of the persons who made the demand---Evidence to be treated as reliable must appeal to logic, commonsense, reason and natural conduct---In the present case it did not appeal to logic, commonsense, reason or natural conduct that accused would go to a mechanic with many workers present with an abducted girl who would be able to identify him especially if he raped and murdered the girl within one day---Circumstances established that the prosecution failed to prove its case against the accused persons beyond shadow of any doubt---appeal against conviction was accordingly allowed.

ABID vs State Ss — 2024 PCrLJ 790 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2024 PCRLJ