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Arz Muhammad alias Arzoo vs State Ss — 2025 YLR 2742 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 YLR 2742 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
YLR
Parties
Arz Muhammad alias Arzoo vs State Ss
Subject matter
Criminal
Provisions referred to
S. 164

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

Arz Muhammad alias Arzoo VS State Ss. 365-B, 148 & 149---Kidnapping, abduction, or inducing of a woman to compel her to marry a person against her will or to engage in illicit intercourse, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Benefit of doubt---Delay of 15-days in lodging the FIR---Consequential---Accused were charged for abducting the daughter of complainant forcibly---In this case, there was an unexplained delay of approximately 15 days in the registration of the FIR---Despite the serious nature of the allegation that a young lady was kidnapped by the accused party and one of the accused was allegedly identified by the complainant, no immediate report was made to the police---Such inordinate and unexplained delay in lodging the FIR formed serious doubt about the genuineness of the prosecution story---Furthermore, the abductee herself claimed that she managed to escape from the custody of the accused, which in itself raised a significant question that under what circumstances she was able to escape unassisted, if she had indeed been kept under forceful confinement---Adding to that doubt was the fact that although abductee appeared before the police on 17-07-2017, her judicial statement under S.164, Cr.P.C., was recorded after delay of five days---Said sequence of delays, both in FIR registration and in recording of the statement under S.164, Cr.P.C., casted serious doubt upon prosecution case---Appeal against the conviction of accused persons was allowed, in circumstances.

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