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NAZEER AHMED alias NAZRO vs State Ss — 2024 YLR 189 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 189 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
NAZEER AHMED alias NAZRO vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7----K

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

NAZEER AHMED alias NAZRO VS State Ss. 365-a & 149---anti-Terrorism act (XXVII of 1997), S. 7----Kidnapping or abducting for extorting property, valuable securities, unlawful assembly, act of terrorism---appreciation of evidence---Benefit of doubt---Delay of about twenty seven days in lodging FIR---accused were charged for kidnapping the brother of the complainant for ransom and releasing him after receiving the ransom amount---admittedly the complainant received a telephone call from the accused on 09.06.2010 regarding abduction of his brother and demand of ransom amount, whereas the FIR was registered on 05.07.2010---Thus, there occurred a delay of about 27 days---Complainant also admitted in his evidence that for about 25 days he used to receive telephonic calls from the accused for payment of ransom amount---In such view of the matter, it was incumbent upon the complainant to have reported the matter to police promptly but he remained mum till 05.07.2010---alleged abductee admittedly reached home on 03.07.2010 but the FIR was lodged by the complainant on 05.07.2010 i.e. after a delay of two days from the date of release of alleged abductee---Such delay in lodging the FIR was fatal to the prosecution case---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.

Other judgments reported in 2024 YLR

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