State vs AHMED OMAR SHEIKH Ss — 2021 SCMR 873 SUPREME-COURT

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State VS AHMED OMAR SHEIKH Ss. 302(b), 120-a, 362 & 365-a---anti-Terrorism act (XXVII of 1997), Ss. 6(a) & 7---Criminal Procedure Code (V of 1898), S. 164---Qanun-e-Shahadat (10 of 1984), arts. 23 & 37---Kidnapping and murder of a foreign journalist, criminal conspiracy---Reappraisal of evidence---Trial Court convicted the accused and co-accused under Ss. 120-a, 365-a & 302, P.P.C, read with Ss. 6(a) & 7 of the anti-Terrorism act, 1997 and sentenced them to imprisonment for life with fine--- High Court acquitted the accused and co-accused of all charges---Held, that the confessional statement of accused lacked voluntariness within the purview of art. 37 of the Qanun-e-Shahadat, 1984---Incriminating articles allegedly bought by the accused were not of much help to the prosecution as their recovery from the apartment of a co-accused was doubtful---When the judicial confession of accused had been legally discarded, then there remained no reliable evidence, other than mere suspicion of him being part of the conspiracy; that being so, the condition precedent of there being 'reasonable grounds to believe' accused was part of a conspiratorial agreement, as envisaged under art. 23 of the Qanun-e-Shahadat, 1984 was starkly lacking---Since the judicial confession of accused had been legally discarded for being not voluntary, the only evidence against the co-accused for committing criminal conspiracy to abduct deceased for ransom was the statement of a co-conspirator/another co-accused--- Sole statement of a co-conspirator would not fulfill the condition precedent of there being 'reasonable grounds to believe' co-accused was part of a conspiratorial agreement, as envisaged under art. 23 of the Qanun-e-Shahadat, 1984---Prosecution had not been able to prove the charges framed against the accused and co-accused, and they had been rightly acquitted by the High Court---appeal against acquittal was dismissed.

State vs AHMED OMAR SHEIKH Ss — 2021 SCMR 873 SUPREME-COURT

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