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---Criminal Procedure Code (V of 1898), S. 103---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-association of private witnesses at the time of arrest of accused---Consequential---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---In the present case, it had come in the evidence that accused was arrested by witness/DSP from a place near Link Road in presence of mashir/Police Constables---Both the mashirs were Police Officials and no explanation had been offered by the prosecution as to why private persons of the locality were not associated as mashirs of arrest---Evidence of S.H.O. as well as mashir was totally silent about the fact as to whether the Investigating Officer made any effort to associate any private person of the locality as mashir of arrest or not---In that view of the matter, it was clear that the mandatory requirement as envisaged under S. 103, Cr.P.C., was not fulfilled---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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