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

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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---Contradictions in the statements of witnesses---Accused were charged for abducting the daughter of complainant forcibly---According to the FIR, the complainant specifically alleged that one woman, along with accused "MQ" and two unidentified persons, abducted his daughter in a car---However, entire prosecution story thereafter remained silent regarding the presence of any woman among the accused, the abductee herself stated that she was kidnapped by five male accused persons and she did not mention the involvement or presence of any woman during the commission of the alleged offence---Such material contradiction between the FIR and the statement of the abductee struck at the root of the prosecution case and created serious doubt regarding the truthfulness and consistency of the allegations---In his deposition, the brother of the abductee stated that immediately after the incident, his father (the complainant) informed the police within one and a half hours and the police visited the place of occurrence and recorded his statement---Said witness further deposed that his initial statement was recorded by the police on 08-05-2017, the date of the incident and that his further statement was recorded two days later---However, that version was entirely contradictory to the main prosecution case---Firstly, neither the complainant nor the Investigating Officer had corroborated the claim that the police were informed on the day of the incident---In fact, the FIR itself was lodged after a delay of 15 days---Secondly, statement of brother of abductee that his further statement was recorded two days after the incident was belied by the prosecution record---Further statement, as exhibited in Court, bore the date 17-07-2017, which was a delay of more than 52 days from the date of the FIR---Said significant flaw indicated fabrication of evidence and lack of truthful testimony---Appeal against the conviction of accused persons was allowed, in circumstances.

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

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