SHABAN AKHTAR vs State Ss — 2021 SCMR 395 SUPREME-COURT

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SHABAN AKHTAR VS State Ss. 365-a & 302(b)---anti-Terrorism act (XXVII of 1997), S. 7(e)---Kidnapping for ransom, qatl-i-amd---Reappraisal of evidence---One of the witnesses who had allegedly last seen the deceased-child in the company of accused and co-accused opted to stay away from the witness box, whereas the other witness was reticent on the relevant details in terms of point of time and place they noticed the deceased with the accused persons---Intriguingly the two witnesses who last saw the deceased-child were the only individuals in the village who had seen the child obligingly accompanying his assassins without being alarmed or surprised by their unusual movement---One of the said witnesses admitted to having a cell phone with him during his stay away from the village; it was rather strange that he did not communicate with his family throughout his absence from the village and if at all he had any conversation, he was not informed about the occurrence that must have alarmed a small village---In such circumstances argument that the solitary witness was inducted on the basis of a mistaken/misplaced suspicion could not be viewed as entirely unrealistic---Investigating Officer had not been able to collect any digital/ forensic data to establish communication between the accused and the complainant despite seizure of cell phone handsets and SIMs (subscriber identity module) from the accused---Complainant's claim that he had identified the co-accused by his voice on 28-11-2010 when he demanded ransom did not synchronize with his claim to have heard only "hello" over the phone on 23-11-2010, when he had already named both the accused and co-accused on the basis of information shared with him by the witnesses on 25-11-2010---Furthermore there was no earthly reason for the caller to expose his number to the family already suspecting him (i.e. the co-accused) as a culprit in the crime---Chronology of events relied upon by the prosecution did not tally with the findings regarding the duration wherein the child was done to death; it also militated against the timeframe of the demand of ransom---another predicament bracing the prosecution was acquittal of accused's brother on the same set of evidence---appeal was allowed and the accused was acquitted of the charge.

SHABAN AKHTAR vs State Ss — 2021 SCMR 395 SUPREME-COURT

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