Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 364---Constitution of Pakistan (1973), Art.185(3)---Kidnapping or abducting in order to murder---Leave to appeal was granted to accused by Supreme Court to reappraise the evidence. (b) Penal Code (XLV of 1860)--- ----S. 364---Kidnapping or abducting in order to murder---Appraisal of evidence---Silence of the prosecution witness for one month about the abduction of his deceased parents within sight by the accused and his companions armed with deadly weapons, did not appeal to common sense, particularly in the absence of any plausible explanation in this regard---Inordinate delay in reporting the matter to police and recording the statements of witnesses by police had adversely affected the prosecution case---Statement of the said witness was not reliable and after excluding the same no other evidence connecting the accused with the commission of the offence was available on record---Accused was acquitted in circumstances. Muhammad Sadiq v. The State PLD 1960 SC 223; Sahib Gul v. Ziarat Gul 1976 SCMR 236; Muhammad Iqbal v. State 1984 SCMR 930 and Syed Muhammad Shah v. State 1993 SCMR 550 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 161---Delayed examination of witnesses by police---Effect---Delay in recording the statement of a witness by police without furnishing any plausible explanation, is fatal to prosecution case and the statement of such witness is not to be relied upon. Muhammad Sadiq v. The State PLD 1960 SC 223; Sahib Gul v. Ziarat Gul 1976 SCMR 236; Muhammad Iqbal v. State 1984 SCMR 930 and Syed Muhammad Shah v. State 1993 SCMR 550 ref. Nemo for Appellant. Shahid Mehmood Abbasi, D.P.-G. for the State. Date of hearing: 19th October, 2009. JUDGMENT RAHMAT HUSSAIN JAFFERI, J.---On 10-10-1998 at 12-50 p.m. the complainant Muhammad Sharif lodged a Report at Police Station Sarai Alamgir about the missing of his brother Shabbir Hussain and Mst. Kausar (second wife of Shabbir Hussain). He stated that on 3-10-1998 his nephew Farid Ahmed son of Shabbir Hussain from his first wife came and informed him that he, his father Shabbir Hussain and step mother Mst. Kausar were sleeping in the house situated near Khanda…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492