MAZHAR ABBAS vs State Ss — 2022 YLR 1895 LAHORE-HIGH-COURT-LAHORE

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MAZHAR ABBAS VS State Ss. 363, 343 & 365-a---anti-Terrorism act (XXVII of 1997), S. 7---Kidnapping, wrongful confinement for three or more days, kidnapping or abducting with intent to secretly and wrongfully confine person---act of terrorism---appreciation of evidence---Benefit of doubt--- Contradictory statements--- Scope--- Prosecution case was that the daughter of complainant aged about 9/10 years went outside the house to purchase some eatable things from shop but an unknown accused abducted her within the view of two prosecution witnesses---Demand of ransom was not proved nor ransom was paid---Both the referred prosecution witnesses had clearly stated that the accused was not involved in the abduction---Non-production of entries of roznamcha regarding the departure of police from one district to another for raiding the house of accused was fatal for the case of prosecution---Prosecution witnesses had contradicted each other on material points---Complainant himself had stated that his daughter had come back to the house on her own---Recovery of abductee from the custody and house of accused could not be proved by the prosecution---Letters containing demand of ransom by accused were neither sealed by the police after taking into possession nor immediately sent to the Forensic Laboratory---Prosecution had failed to prove its case against accused beyond any shadow of doubt---appeal was allowed, in circumstances. Recovery---Corroborative evidence---Scope---Recovery is only corroborative piece of evidence and it enhances the gravity of substantive evidence but when case is not proved through substantive evidence then corroborative piece of evidence loses its efficacy.

MAZHAR ABBAS vs State Ss — 2022 YLR 1895 LAHORE-HIGH-COURT-LAHORE

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