MUHAMMAD RIZWAN vs State Ss — 2022 YLRN 210 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD RIZWAN VS State Ss. 365-a, 170 & 171---anti-Terrorism act (XXVII of 1997), S. 7---Kidnapping or abduction for extorting property, valuable security, etc., personating a public servant, wearing garb or carrying token used by public servant with fraudulent intent, act of terrorism---appreciation of evidence---Recovery of cash amount and other incriminating materials--- Scope---Prosecution case was that wife of complainant along with accused persons extorted Rs. One Crore from him and extended threats of taking his life---Record showed that recoveries were affected from the ordinary place of their abode but on different dates---Preposterously, the accused persons would get recovered the cash amount from the same place in successive intervals comprising upon 20 to 25 days---House which was cohabited though by the other family members of the accused persons but they ensured to keep the remaining cash amount at the same place so as to be recovered later on---alleged ransom amount was neither tainted nor the currency numbers were noted at the time of payment---Recovery of such cash amount could in no manner be treated as incriminating in nature, in circumstances---Neither the recovered cash amount was placed in the custody of Moharrar/Station Clerk nor his statement under S. 161, Cr.P.C., was recorded in that regard---Though sound system and vehicle were recovered from accused and wife of complainant (since dead) respectively but no effort was made to ascertain the dates when said articles were purchased---Said omission gained significance when seen in the context that the accused persons allegedly purchased the said articles from the ransom amount---Investigating Officers candidly conceded about not incorporating their departure in the station diaries while leaving the police station for the afore-mentioned recoveries---Such recovery of untainted currency notes in a case of ransom for abduction was considered as a ground sufficient to term the supporting proceedings as dubious---Circumstances established that the guilt of the accused persons remained unproved and they were handed down guilty verdict despite the prosecution case was bereft of sufficient proof---appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court.

MUHAMMAD RIZWAN vs State Ss — 2022 YLRN 210 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported