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NOOR AHMED JAVED vs Mst — 2022 PCrLJN 93 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 93 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
NOOR AHMED JAVED vs Mst
Subject matter
Criminal
Provisions referred to
S. 338---P; S. 7---; S. 164; Penal Code (XLV of 1860); Anti-Terrorism Act (XXVII of 1997)

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

NOOR AHMED JAVED VS Mst. LAIBA S. 338---Penal Code (XLV of 1860), Ss. 365-A & 34---Anti-Terrorism Act (XXVII of 1997), S. 7--- Kidnapping or abducting for extorting property, valuable securities, common intention, act of terrorism---Tender of pardon to accomplice---Scope---Accused was acquitted on the basis of pardon---Allegedly, the accused had not told the complete truth before the Trial Court and as such the contention was that appeal against acquittal be allowed---Validity---Record showed that no prosecution witness had been able to show that the respondent/accused did not tell the complete truth in her evidence---Neither her statement under S. 164, Cr.P.C. nor her evidence before the Trial Court was exhibited, so it was almost impossible for the prosecution to prove that there was any deviation between the two and that the accused/respondent was not telling the complete truth---Nothing was on record that accused's statement under S. 164, Cr.P.C was similar to the evidence which she gave under oath at trial and thus it appeared that she stuck to the truth---Nothing was on record to show that the prosecution was able to prove that the accused failed to comply with the conditionality's attached to her pardon---Appeal was dismissed, in circumstances.

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