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BASHIR AHMED vs State S — 2022 YLRN 106 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 106 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
BASHIR AHMED vs State S
Subject matter
Criminal
Provisions referred to
S. 364-; S. 7---K; S. 363; S. 164; S. 423

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

BASHIR AHMED VS State S. 364-a---anti-Terrorism act (XXVII of 1997), S.7---Kidnapping or abducting a person under the age of ten years, act of terrorism---appreciation of evidence---Sentence, reduction in---accused was charged for kidnapping the minor niece of the complainant---Evidence showed that the abductee was kidnapped but did not show that the abduction was to murder the abductee or subject the abductee to grievous bodily harm or to slavery or the lust of any person---Offence under S.364-a, P.P.C., had not been proved, however, the prosecution had proved that the accused had committed the offence under S.363, P.P.C.---Evidence of the alleged abductee, who specifically named the accused as the person who abducted her, took her to his home against her will and tied her up and whom she knew, was reliable, trustworthy and confidence inspiring---Statement of alleged abductee under S.164, Cr.P.C. accorded with her evidence and her evidence was not damaged at all during cross-examination and she had no reason to falsely implicate the accused and as such her evidence was believable and the accused could be convicted on the basis of said evidence alone---abductee had admitted that she was not molested by the accused or anyone else during the time when she was confined with the accused---Evidence of alleged abductee was corroborated by Investigating Officer who arrested the accused on the spot at his house where he found the abductee tied up in the presence of the accused and no other person---No enmity had been suggested against Investigating Officer and he had no reason to falsely implicate the accused---arrest of the accused on the spot was also corroborated by independent witness from the mohalla who was mashir to the memo of arrest and recovery---Said mashir had no enmity or ill will towards the accused---Circumstances established that the case did not fall within the purview of the anti-Terrorism act, 1997 since there was no design, object or intent to cause terror, however, the prosecution had proved its case against the accused beyond a reasonable doubt in respect of S.363, P.P.C.---High Court while exercising judicial discretion under S.423, Cr.P.C., reduced the sentence of the accused---appeal was dismissed with said modification.

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