NIAZ MUHAMMAD vs State Ss — 2023 PCrLJ 1741 QUETTA-HIGH-COURT-BALOCHISTAN

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NIAZ MUHAMMAD VS State Ss. 302(b), 365 & 34---anti-Terrorism act (XXVII of 1997), S. 7(e)---Qatl-i-amd, act of terrorism---appreciation of evidence---Ordinary kidnapping for ransom case---Not an act of terrorism---accused were charged for abducting the brother of the complainant for ransom and thereafter killing him---In the present case, it had been established through circumstantial and medical evidence that acquitted co-accused had shared common intention by brutally disposing of the dead body by chopping it into pieces, receiving ransom amount, purchasing birds and animals from the ransom amount and remaining fugitive from the law---Role of sharing common intention of acquitted co-accused attracted S. 201, P.P.C---Perusal of record showed that the complainant/ prosecution prima face had no motive to falsely implicate the accused and acquitted co-accused---Evidence produced by the prosecution was confidence inspiring---In absence of any possibility of false implication, the prosecution evidence could not be disbelieved---Circumstances of case clearly depicted that there was no mitigating factors, benefit of which could be extended to the acquitted co-accused by the Trial Court---When the prosecution proved its case beyond any doubt then it was the legal duty of the Court to impose harsh punishment to set an example---abduction or kidnapping for ransom under S. 365-a, P.P.C., was included as item No. 4(g) in the Third Schedule of the anti-Terrorism act, 1997 ('act, 1997') which was triable by anti-Terrorism Court being a Scheduled Offence---However, present case was an ordinary case of kidnapping for ransom and as such ingredients of Ss. 6 & 7 of the act 1997 were not attracted in the facts and circumstances of the case---Thus, sentence under S. 7(e) anti-Terrorism act, 1997, was set aside and appeal was dismissed by maintaining the sentence.

NIAZ MUHAMMAD vs State Ss — 2023 PCrLJ 1741 QUETTA-HIGH-COURT-BALOCHISTAN

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