MUHAMMAD MAKKI vs State Ss — 2021 SCMR 1672 SUPREME-COURT

Case information

Citation: 2021 SCMR 1672 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: MUHAMMAD MAKKI vs State Ss
Subject matter: Criminal
Provisions referred to: S. 365

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 MAKKI VS State Ss. 365 & 365-a---Kidnapping or abduction for ransom---Reappraisal of evidence---Evidence was furnished by natural witnesses, with no axe to grind with the accused persons---Incident started with a script that could not be viewed as suspect---Brother of the abductee , who was also a prosecution witness, rushed back from a foreign country to rescue his brother and it was in such backdrop that two of the accused persons emerged as alleged 'saviors'---Chain of circumstances, ultimately connected itself with the abductee, who was being kept at a flat under the surveillance of the accused persons---Consistent and confidence inspiring preponderance of evidence was halfheartedly met by the defence with bald denials alone---Prosecution's partial failure on the charge of section 365-a, P.P.C as well as acquittal of one of the accused persons on account of his absence from the scene at the time of raid, did not adversely reflect upon the integrity of the charge, firmly resting on the totality of chain of circumstances, ranging from abduction, surreptitious confinement of the abductee, ultimately leading to his recovery with accused persons on guard from a premise under their knowledge and occupation---High Court had rightly set-aside the acquittal of accused persons recorded by the Trial Court and convicted them under S. 365, P.P.C.---Petition for leave to appeal was dismissed and leave was declined.

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