Sultan Ali Khan vs State Ss — 2025 YLR 49 FEDERAL-SHARIAT-COURT

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Sultan Ali Khan VS State Ss. 10 & 11---Zina or zina-bil-jabr, kidnapping, abducting or inducing woman to compel for marriage, etc.---Appreciation of evidence---Benefit of doubt---Evidence of Waj-takkar---Accused was charged for kidnapping the daughter of the complainant for committing zina with her---Complainant nominated the appellant on the basis of information extended to him by two witnesses---One of the witnesses had been given up by the prosecution as unnecessary---Both the said witnesses were brothers inter-se and were maternal uncle of abductee---Said abandoned witness committed murder of the abductee and her father got the case registered against him under S.302, P.P.C---Later on the parties reached a compromise inter-se---Other witness had not adduced any reason for his presence at the spot where he claimed seeing appellant along with his co-accused persons, taking along abductee in a coach forcibly---In this case no reason whatsoever had been advanced by the witness, and no specific or approximate time of his presence at the spot had been advanced in evidence---Said witness stated that he did not know the accused prior to registration of the case and admitted that his brother was alleged for the murder of abductee---Said witness also admitted that he had come to the Court with complainant, meaning thereby that they did not develop strained relationship inter-se over the murder of abductee---Appeal against conviction was allowed, in circumstances. Citation Name: 2025 YLR 49 FEDERAL-SHARIAT-COURTBookmark this Case Sultan Ali Khan VS State Ss. 10 & 11---Zina or zina-bil-jabr, kidnapping, abducting or inducing woman to compel for marriage, etc.---Appreciation of evidence---Benefit of doubt---Unnatural conduct of witness of Waj-takkar---Accused was charged for kidnapping the daughter of the complainant for committing zina with her---Record showed that the conduct of witness of Waj-takkar was not acceptable---When he claimed that the culprits were not known to him then the source of revelation of their names to him while extending information to complainant remained a mystery throughout the prosecution evidence, and the prosecution was bound to provide plausible evidence of waj-takkar---In this case the conduct of the witnesses due to the murder of abductee with a collusive inference made their deposition doubtful and unnatural---Prosecution failed to adduce reliable piece of evidence in the form of waj-takkar; had they seen the abductee, i.e., their niece, with the appellant and others in the midnight their conduct would be entirely different at the spot, therefore, on the face of it, it seemed a cooked up story---Appeal against conviction was allowed, in circumstances. Citation Name: 2025 YLR 49 FEDERAL-SHARIAT-COURTBookmark this Case Sultan Ali Khan VS State Ss. 10 & 11---Zina or zina-bil-jabr, kidnapping, abducting or inducing woman to compel for marriage, etc.---Appreciation of evidence---Absconsion of accused---Accused was charged for kidnapping the daughter of the complainant for committing zina with her---Abscondence of the accused was a question of fact and the prosecution was bound to prove the same in the trial---Inspector claimed that on 19.11.2004 he submitted an application before the Area Magistrate for obtaining non-bailable warrants of arrest of appellant, and non-bailable warrants of arrest were issued against him he then on 26.11.2004 vide an application obtained proclamations under S.87, Cr.P.C, of the appellant---During his statement, witness sated that documents, applications, warrants of arrest and proclamations regarding which he gave evidence were not with him at present time and were also not in the file---Therefore when the prosecution failed to produce any required evidencing comprising of warrants and the proclamations, the fact of the appellant/ accused absconding stood not proved---Appeal against conviction was allowed, in circumstances.

Sultan Ali Khan vs State Ss — 2025 YLR 49 FEDERAL-SHARIAT-COURT

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