NIAZ AHMED MIRANI vs State Ss — 2024 YLR 726 KARACHI-HIGH-COURT-SINDH

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NIAZ AHMED MIRANI VS State Ss. 365, 395, 452, 353, 220, 506-2, 504, 337-H(2), 337-a(i), 427, 342 & 34---Qanun-e-Shahadat (10 of 1984), art. 129(g)--- abduction for ransom, dacoity, house trespass, assault or criminal force to deter public servant from discharge of his duty, commitment for trial or confinement by person having authority who knows that he is acting contrary to law, criminal intimidation, intentional insult with intent to provoke breach of peace, hurt by rash or negligent act, shajjah-i-khafifah, mischief causing damage to the amount of fifty rupees, wrongful confinement, common intention---appreciation of evidence---Benefit of doubt---Non-examination of material witnesses---Effect---accused was charged for maltreating with the servant of complainant, forcibly taking away the detenu, abusing the complainant, extending threats of dire consequences and also firing just to spread fear, terror and insecurity in general public, when the complainant went to police station for releasing the detenu---Record showed that the Investigating Officer did not record the statements of the persons whose evidence was very material for deciding the fate of the case particularly that of the two servants of accused who were found guarding over alleged detenu---Said fact was injurious to the prosecution case as despite availability of material witnesses, non-examination of such witnesses in the case had given inference that in case such witnesses had been examined, they would have deposed against the prosecution as envisaged under art. 129(g) of Qanun-e-Shahadat, 1984---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of any doubt---appeals against conviction was accordingly allowed.

NIAZ AHMED MIRANI vs State Ss — 2024 YLR 726 KARACHI-HIGH-COURT-SINDH

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