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

Case information

Citation: 2023 MLD 594 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: ZAHOOR AHMED vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---Q; S. 129

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

ZAHOOR AHMED VS State Ss. 365-a, 395, 342 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), S. 129(g)---Kidnapping or abducting for extorting property, valuable securities, dacoity, wrongful confinement, unlawful assembly, acts of terrorism---appreciation of evidence---Withholding material witness---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---Record showed that one of the witness had been given up during the trial---Record showed that in the presence of said witness, the amount of ransom was paid to the accused persons---Regarding the story of abduction and payment of ransom amount, the said person was the witness to be considered as best available evidence---Non-examination of said witness had badly damaged the prosecution case in view of the provision under art. 129(g) Qanun-e-Shahadat, 1984---allegedly, abductees were recovered during a raid regarding which another FIR was lodged but surprisingly, none of the members of the raiding Police Party was examined in that case---Even the prosecution did not did not bother to produce in that case the memo of recovery of both the abductees during the encounter, which also created doubt regarding the prosecution case---Circumstances established that the prosecution had failed to prove its case against the accused---appeal against conviction was allowed, in circumstances.

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