Muhammad Asif vs State Ss — 2026 YLR 1222 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2026 YLR 1222 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2026
Reporter: YLR
Parties: Muhammad Asif vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---S; S. 23; S. 7; S. 5

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

Muhammad Asif VS State Ss. 302(b), 365-a & 34---Explosive Substances act (VI of 1908), Ss. 4 & 5---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---Qatl-i-amd, kidnapping or abducting for extorting property, valuable security, etc., common intention, making or possessing explosive substances under suspicious circumstances, possession of illicit weapon---appreciation of evidence---Delay of two days in lodging the FIR---accused were charged for committing murder of the father of complainant after kidnapping him for extorting money---First Information Report was registered after a delay of two days, and the statement of eye-witness was recorded nearly ten days post-incident both without any plausible justification or supporting evidence---Prompt registration of the FIR was essential to exclude the possibility of deliberation, consultation or fabrication---Unexplained delay in lodging the FIR was fatal to the prosecution's case---Moreover, undue delay in filing the complaint, absent satisfactory explanation, casted serious doubt on its authenticity---Circumstances established that the prosecution had failed to prove the charges of kidnapping for ransom and murder, thus the conviction under Ss.302(b) & 365-a, P.P.C were set-aside---However, sentence awarded to appellant No. 1 under S.7(1)(ff) anti-Terrorism act, 1997 was converted into S.5 of the Explosive Substances act, 1908 for 14 years and conviction and sentence for 7 years awarded by the Trial Court under S.23(1) of the Sindh arms act, 2013 to each appellant was maintained---With said modification in sentence, the appeal was partly allowed.

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