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---Qanun-e-Shahadat (10 of 1984), art. 129(g)---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---Withholding best evidence---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 the complainant was residing in a Society along with family comprising his wife and two daughters---Wife of complainant was also arrayed as one of the accused in the case and was even arrested but as per prosecution case while she was brought to the house of her husband for recovery, she committed suicide by jumping from the rooftop---So far as, the daughters of complainant were concerned, despite being fully grown up young-girls and having mature age of deposing before the court, none of them appeared before the Trial Court to lift veil from the actual genesis of the transaction in question---None out of the two daughters was even made witness in the case---Though that was the prerogative of the victim of crime to decide the citing of the witness in the case but if the evidence of an important witness was excluded for no good reason, such omission given rise to many doubts and foremost out of them was to the effect that had such person appeared in the dock, he would have deposed unfavourably---Present case was no exception as even after skimming the file, no one came across even a single legally acceptable explanation for withholding the important evidence of both the daughters--- In such circumstances, no other option was left but to draw an inference in terms of art.129 illustration (g) of Qanun-e-Shahadat, 1984---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