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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---K; S. 164; Criminal Procedure Code (V of 1898)

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---Criminal Procedure Code (V of 1898), S. 164---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---Confessional statement of abductee---Accused were charged for abducting the daughter of complainant forcibly---In her statement recorded under S.164, Cr.P.C., abductee stated that when she was presented before the Lahore High Court, she was in an unconscious state---Abductee specifically deposed that she was produced and made to appear before the Judge of the High Court in an unconscious condition---However, a bare perusal of the order of the Lahore High Court revealed no such observation or indication that the abductee was unconscious at the time of her appearance---On the contrary, the order clearly recorded that the counsel along with the petitioner (abductee) appeared before the Court, as it directly pertained to the mental and physical capacity of the abductee to appear and be heard---Such inconsistency strongly suggested that the abductee's claim of unconsciousness was an afterthought, seemingly designed to discredit or discard the legal effect of the judicial proceedings and documents recorded in that case---Appeal against the conviction of accused persons was allowed, in circumstances.

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