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(1)(b), 6(2)(e) & 7---Criminal Procedure Code (V of 1898), S. 164---Qanun-e-Shahadat (10 of 1984), art. 91---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---accused was sentenced to death, whereas the co-accused was sentenced to imprisonment for life with fine---High Court altered convictions of accused to that under S. 362, P.P.C. and sentenced him to 7-years rigorous imprisonment, whereas the co-accused was acquitted of all charges---Held, that the accused was identified by two witnesses in two separate test identification parades carried out by a Judicial Magistrate---Steps taken by the Judicial Magistrate, before and during recording the confessional statement of co-accused clearly showed his voluntariness in recording the statement---Confession of co-accused, showed the ease with which each material fact relating to his introduction to the accused and their discussions in the two meetings they had, was narrated with all essential details, which provided a complete picture of the criminal conspiracy leading to sending the ransom and death threat emails to the complainant---Moment co-accused communicated his acceptance to the accused that the ransom demand in the written scripts would be emailed, he entered in the conspiratorial agreement to commit a crime, namely, a criminal conspiracy of abduction for ransom---Digital foot-prints regarding the threatening email sent to the complainant, were produced by two totally independent and professionally qualified, which established beyond any reasonable doubt that the email, which was sent from an email account, and it contained the information regarding kidnapping of deceased and demands for ransom, originated from an internet connection owned by the co-accused---Motive of the accused to carry out the crime did not relate to any private dispute or vendetta with the deceased, but in fact, the matter was clearly the use of a threat designed to intimidate not only the Federal Government, but also the foreign government and organisations to create a sense of fear and insecurity in the society---Thus the 'design' and 'purpose' of the accused and co-accused to carry out the abduction of deceased for ransom, brought the commission of the crime within the mischief of the term "terrorism"---Prosecution had been able to prove beyond reasonable doubt that the accused and co-accused had committed the offences under Ss. 365-a & 120-B, P.P.C., and S. 7 of the anti-Terrorism act, 1997, thus, they were convicted for the said offences and sentenced to imprisonment for life on each count.

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

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