Law: Penal Code (XLV of 1860)

Section: 364,392,34

Penal Code (XLV of 1860)--- ----Ss.364, 392 & 34---Kidnapping or abducting in order to murder and robbery---Appreciation of evidence---Benefit of doubt---Unexplained delay in F.I.R.---About 15 hours’ delay in lodging F.I.R. from the time the alleged abductee was released and no plausible explanation had been brought on record by prosecution---Trial Court convicted and sentenced the accused---Validity---Trial Court failed to take note of the fact that as per F.I.R. complainant remained abducted for three days but none of the family members had reported the matter to police about missing of complainant---Prosecution failed to establish its case without any shadow of doubt---High Court set aside the conviction and sentence awarded to accused and acquitted him by extending benefit of doubt---Appeal was allowed in circumstances. Amir Bux v. The State 1990 PCr.LJ 1765; Ishtiaq Ahmed v. The State 1996 PCr.LJ 1811; Moulvi Ali Gohar v. The Crown 1969 PCr.LJ 1047; Allah Bakhsh and Muhammad Nawaz v. The State PLD 1978 SC 171; Muhammad Ibrahim and others v. The State 1993 PCr.LJ 128; Dr. Ahmed Ali v. Agha Mir Alavi and another 1992 PCr.LJ 2038; Yaqoob Masih and 2 others v. The State 1992 MLD 922 and Rab Nawaz and others v. The State PLD 1994 SC 858 rel. Sheraz Tufail v. The State 2007 SCMR 518; Muhammad Ali and others v. The State and others 1999 SCMR 1957; Mst. Saira Bibi v. Muhammad Asif and others 2009 SCMR 946; Muhammad Tariq alias Tara and another v. The State 2009 SCMR 1260; Muhammad Tahir Aziz v. State and another 2010 PCr.LJ 1787 and Mobashar Ahmed v. The State 2009 SCMR 1133 distinguished. JUDGMENT MUHAMMAD TASNIM, JUSTICE:---.--- Through present appeal, the appellant has questioned the validity of judgment dated 11-4-2009 passed in Sessions Case No. 298 of 2008 by learned Additional Sessions Judge, Gambat in F.I.R. No. 201 of 2007 registered with Police Station Sobhodero under sections 364, 392, 34, P.P.C. Brief facts of the prosecution case are that on 18-11-2007 complainant Muhammad Panah lodged the F.I.R., alleging inter alia that he is labourer by profession and they are three brothers. On 15-11-2007 he had gone to harvest the sugarcane crop of one Dil…

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