FAWAD KHAN vs State S — 2021 SCMR 162 SUPREME-COURT

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FAWAD KHAN VS State S. 15---anti-Terrorism act (XXVII of 1997), S. 7---Possession of unlicensed weapon, kidnapping for ransom---Reappraisal of evidence---During the raid for recovery of abductee, the accused was apprehended on the spot while guarding the abductee who was tied in chains in the basement of a house belonging to the accused---Raiding party on searching of the accused also got recovered from his exclusive possession a pistol with twelve (12) live rounds---Pistol was without number and the accused was unable to show licence of the same---Expert opinion in relation to the weapon showed that the same was in working order---Prosecution had proved its case through reliable and truthful witnesses of the recovery of pistol, corroborated by the documentary evidence in the shape of recovery memo, and the statement of arms expert regarding working condition of the pistol---Both the Courts below rightly concurred with each other regarding the guilt of the accused---Petition for leave to appeal was dismissed and leave refused. Citation Name: 2021 SCMR 162 SUPREME-COURTBookmark this Case FAWAD KHAN VS State S. 365-a---Kidnapping or abduction for ransom---Reappraisal of evidence---abductee remained in captivity for about 43 days and he was recovered from the basement of a house/cattle shade belonging to the accused---accused was guarding the abductee armed with a pistol at the time of the raid---all the witnesses who participated in the raid categorically stated that it was the house of the accused where he was guarding the abductee---abductee while making his statement categorically stated that it was the accused who remained at guard upon him in the said house---accused was apprehended red-handed and the abductee was recovered from his exclusive possession---Question as to whether ransom was paid or not was immaterial because the Court had to see the purpose behind the abduction which was obvious in the present case---During cross-examination not a single word regarding any enmity with the complainant or the abductee was suggested by the defence side---Both the Courts below rightly concurred with each other regarding the guilt of the accused---Petition for leave to appeal was dismissed and leave refused.

FAWAD KHAN vs State S — 2021 SCMR 162 SUPREME-COURT

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