IFTIKHAR AHMED alias IMTIAZ vs State Ss — 2022 YLR 84 KARACHI-HIGH-COURT-SINDH

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IFTIKHAR AHMED alias IMTIAZ VS State Ss. 302, 365-a, 109 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, kidnapping or abduction for extorting property, valuable security etc., abetment, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Last seen evidence---Chance witness---Scope---accused were charged for committing murder of the father of complainant after abducting him for ransom---In the present case, the witness of last seen evidence had stated that he knew all the three accused and had seen two of them who entered the bungalow with the deceased---However, there was no evidence that he knew all the three accused let alone the deceased and as such the safer course was to hold an identification parade in order to establish his identification of the accused which was not done---Said witness appeared to be a chance witness as no record of his employment in that area had been tendered in evidence---Even otherwise since there was no evidence on record that he knew the deceased before the incident, his identification of the deceased could not be safely relied upon especially as he did not state in his evidence as to which day the deceased went into the bungalow with the accused and that the deceased was taken into the bungalow by the accused by force or against his will---Facts remained that it was 9.00 p.m. and that it would have been dark and it was not known how far away he was from the accused and the deceased when they allegedly entered the house also casted further doubt on his ability to safely identify any of the accused or the deceased---Said last seen evidence could not be safely relied upon in order to convict the accused, in circumstances.

IFTIKHAR AHMED alias IMTIAZ vs State Ss — 2022 YLR 84 KARACHI-HIGH-COURT-SINDH

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