AIJAZ alias VICKY vs State Ss — 2023 MLD 1149 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 1149 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: AIJAZ alias VICKY vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---P; S. 13-D---K; S. 7

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

AIJAZ alias VICKY VS State Ss. 365-a, 109 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Pakistan arms Ordinance (XX of 1965), S. 13-D---Kidnapping or abduction for extorting property, valuable security, etc., abetment, common intention, possession of unlicensed weapon, act of terrorism---appreciation of evidence---accused were charged for kidnapping the abductee for ransom and releasing the abductee after receiving the ransom---Evidence showed that prosecution had proved its case against the accused beyond a reasonable doubt based on reliable, trustworthy and confidence inspiring witness evidence including that of the abudctee who identified the accused as one of the persons involved in his kidnapping for ransom---Part of the ransom was paid and the SIM recovered from the accused linked him to the ransom calls---accused was arrested red handed by the police with an unlicensed weapon who had no enmity with the accused and no reason to falsely implicate him in a false case and that even the co-accused who had the same role as the accused had his conviction maintained up to the Supreme Court level and as such the convictions of the accused were maintained---anti-Terrorism act was not attracted to the case, in the facts and circumstances---Nothing was on record to prove that the occurrence had any nexus with terrorism nor any witness said so---Conviction under S. 7(e) of the anti-Terrorism act, 1997 was not sustainable, thus the same was set-aside---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt---appeal was dismissed with the modification in sentence.

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