MASTER JUMAN BURIRO vs State Ss — 2022 YLR 299 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 299 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: MASTER JUMAN BURIRO vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---K; S. 342

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

MASTER JUMAN BURIRO VS State Ss. 365-a, 109 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Kidnapping or abduction for extorting property, valuable security, etc., abetment, common intention, act of terrorism---appreciation of evidence---accused were charged for kidnapping the brother of complainant for ransom---Record showed that the accused were not named in the FIR but the allegation against them was that when abductee along with his guards duly armed with their licensed repeaters was going to his land in Jeep, they kidnapped him for the purpose of ransom amount---allegedly, abductee was released after paying the ransom money---Said fact had been denied by the accused in their respective statements recorded under S.342, Cr.P.C.---abductee as well as his two guards were duly armed with repeaters at the time of alleged incident but they did not use the said weapons in their defence---Nothing was available on record that alleged abductee and his guards had made any effort to make resistance against his abduction---allegedly, three accused came on a red colour motorcycle whereas remaining accused came in a white colour car and on force of their weapons kidnapped the victim---No description of any of the accused was mentioned either in FIR or police investigation as to who came on red colour motorcycle and who in white colour car---Said aspects of the case showed that the incident had not taken place in a manner as stated in the FIR---Circumstances established that prosecution had failed to prove its case against the accused beyond any shadow of reasonable doubt.

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