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---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 inten-tion---appreciation of evidence---Benefit of doubt---Defective investigation---accused was charged for maltreating with the servant of complainant, forcibly taking 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---Investigating Officer, in his cross-examination deposed that he had not recorded the statements of the officials of hospital staff from where detenu was recovered from a quarter of same hospital---Investigating Officer had not recorded the statements of two servants of accused who were found guarding the alleged detenu, though same fact was mentioned in the FIR lodged by Judicial Magistrate---Investigating Officer had not recorded statement of taxi driver in which Judicial Magistrate had conducted the raid and also not recorded the statement of any Duty Officer who was day incharge on the day of incident---Investigating Officer had not recorded the statement of shop keepers situated near the Police Station, though there were shops situated adjacent to the walls of Police Station---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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