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ASHFAQUE AHMED vs State Ss — 2022 PCrLJN 38 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 38 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
ASHFAQUE AHMED vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---K

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

ASHFAQUE AHMED VS State Ss. 365-a, 395, 347 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Kidnapping or abduction for ransom, dacoity, kidnapping in order to murder, common intention, act of terrorism---appreciation of evidence---Delay of about fifteen days in conducting the identification parade---Effect---allegations against the accused were that they intentionally managed for an accident with the car of complainant, kept her under wrongful confinement, forcibly robbed cash foreign currency, gold, silver ornaments and got en-cashed cheque for Rs. one crore from her account---Identification parade was held after fifteen days of the arrest of accused---Said delay in holding the identification parade had been explained as it was the Eid holidays and even otherwise a delay in holding an identification parade was not fatal to its outcome---Record showed that evidence of complainant was not dented despite lengthy cross-examination and thus, her evidence qua the correctness of her identification of the accused was believable---Identification of one accused was not in doubt as she knew him for the last six months as her driver and there was no need for any identification parade in respect of that accused---With regard to co-accused, he was clearly shown on the CCTV at the bank en-cashing the abductee's cheque and as such his identification was also not in doubt---Such identification of the accused was also corroborated by Judicial Magistrate in whose presence the abductee made the identification of the accused and also recorded the confession of co-accused---Circumstances established that the prosecution had proved its case against all accused beyond a reasonable doubt, in circumstances---appeals were dismissed accordingly.

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