ABDUL GHAFFAR vs State Ss — 2023 PCrLJ 1043 QUETTA-HIGH-COURT-BALOCHISTAN

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ABDUL GHAFFAR VS State Ss. 365, 395, 324, 353, 186 & 34---abduction for ransom, dacoity, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, common intention---appreciation of evidence---Conflict in statements of abductees---accused was charged that he along with his co-accused kidnapped the clerk and brother of the complainant and also took account registers and cash amount of diesel amounting to rupees five million, and later, encounter took place which resulted into death of two accused persons---Perusal of statements of two abductees were found to be contradictory on material points---abductee had not recognized the accused as an accused who had any role to play in his abduction, while the other abductee, in his Court statement, had recognized the accused as one of the accused who was present with main accused who had abducted clerk of complainant---absolutely no role had been attributed to the accused by any of the witnesses---Identification of accused in Court by the abductee had been considered incriminatory by the Trial Court for the purpose of convicting the accused---Since, admittedly the accused was not known to the abductees and the Investigating Officer did not conduct any identification parade, so identification of accused by abductee in Court was not safe as abductee had not assigned any role to the accused in the whole episode, starting from his abduction till his recovery---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

ABDUL GHAFFAR vs State Ss — 2023 PCrLJ 1043 QUETTA-HIGH-COURT-BALOCHISTAN

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