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

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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---Non-association of private witnesses--- Consequential---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---Prosecution had claimed that accused was arrested on 11.07.2019 in presence of mashirs, who were related to complainant party---Investigating Officer in his cross-examination had admitted that place of arrest of accused was a busy place, but he did not take any effort to join an independent person to act as mashir---Said admission, on the face of it, indicated that arresting Officer had sufficient opportunity to join an independent person from the place of arrest, but did not bother to associate an independent source to strengthen the case of the prosecution by collecting an independent evidence either at the time of arrest of accused or during the whole investigation---Prosecution had sufficient opportunity to collect an independent witness to strengthen the case of the prosecution by corroborating the related witnesses, but no such attempt was made---No explanation in that regard had been furnished by the prosecution and also no efforts were made by the prosecution to secure the independent witness---Non-compliance of provision of S. 103, Cr.P.C. created serious doubt in the prosecution story---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.

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

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