AHSAN vs State Ss — 2024 YLR 578 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 YLR 578 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: AHSAN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 103---K; Criminal Procedure Code (V of 1898)

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

AHSAN VS State Ss. 365-B, 336, 337-a(i), 337-F(v), 452 & 34---Criminal Procedure Code (V of 1898), S. 103---Kidnapping, abducting or inducing woman to compel for marriage, itlaf-i-salahiyyat-i-udw, shajjah-i-khafifa, ghayr-jaifah-hashimah, house-trespass after preparation for hurt, assault or wrongful restraint, common intention---appreciation of evidence---Benefit of doubt---Delay of twenty eight hours in lodging the FIR not explained---accused were charged for trespassing the house of abductee/sister-in-law of complainant, kidnapping her with intention to commit zina and throwing her from motorcycle with the result that her teeth, legs and arms were broken---Incident which formed basis of the present case was shown to have taken place on 09.07.2019 at 1:00 p.m. and undoubtedly the FIR was lodged at 5:00 pm on 10.07.2019 i.e. after 28 hours of the incident---Prosecution had not been able to furnish any explanation with regard to delay in lodging of FIR---Hence, presumption could be drawn that FIR had been lodged after due deliberations and consultations---First Information Report was always treated as a cornerstone of the prosecution case to establish guilt against those involved in a crime, thus it had a significant role to play---If there was any delay in lodging of FIR and commencement of investigation, it would give rise to a doubt and benefit thereof was to be extended to the accused---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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