ZAHOOR AHMED vs State Ss — 2023 MLD 594 KARACHI-HIGH-COURT-SINDH

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ZAHOOR AHMED VS State Ss. 365-a, 395, 342 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Kidnapping or abducting for extorting property, valuable securities, dacoity, wrongful confinement, unlawful assembly, acts of terrorism---appreciation of evidence---Benefit of doubt---Contradiction in the statements of witnesses---Scope---Prosecution case was that the accused kept the complainant and his cousin in their captivity for a period of one month and twenty three days and demanded ransom, which was paid and when the accused were about to release the abductees, police came to the scene and an encounter took place---First Information Report indicated that the accused persons had deprived the complainant of one mobile phone and a cash amount of Rs. 8000/-but the complainant in his examination in chief stated that the accused person had snatched Rs. 18,000/- from him---Said difference in amount created doubt regarding the prosecution story as it could not be said that the same was due to fading of memory due to lapse of time---Complainant in FIR stated that at the place of their confinement two unidentified persons were available but in his examination in chief, he said that 3/4 unidentified persons were already available---Complainant in his deposition had quoted the name of an accused in a way that he was already known to him but surprisingly his name was missing in FIR though it was added through a further statement---If the complainant was already known and identified that accused then why his name did not appear at the first instance in FIR, and on that score, the case of prosecution engulfed under clouds---Complainant and eye-witness were also not in agreement regarding the maltreatment by the hands of the accused persons during the course of abduction--- another aspect of the case created serious doubt regarding the prosecution story which pertained to the payment of the ransom amount---although it was claimed by the complainant and other witness that an amount of Rs. Two million were paid as ransom and the same was arranged by him by drawing some amount from his bank and loan collected from friends and relatives, however, neither whole or a portion of that amount was recovered from the accused nor any evidence had been brought on record for arranging the said amount through the aforementioned sources---Circumstances established that the prosecution had failed to prove its case against the accused---appeal against conviction was allowed, in circumstances.

ZAHOOR AHMED vs State Ss — 2023 MLD 594 KARACHI-HIGH-COURT-SINDH

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