IMRAN AHSAN alias SUNNY vs State Ss — 2023 YLR 1796 KARACHI-HIGH-COURT-SINDH

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IMRAN AHSAN alias SUNNY VS State Ss. 365-a & 34---anti-Terrorism act (XXVII of 1997), S. 7---Kidnapping or abducting for extorting property, valuable securities, common intention, act of terrorism---appreciation of evidence---Delay of more than eight days in lodging the FIR---Effect---accused was charged for kidnapping the son of complainant for ransom, however, he was released after the payment of Rs. ten lac---Record showed that a day after his son went missing the complainant reported the matter to the police which entry was exhibited at trial---Complainant after a day also reported the matter to the CPLC---Said fact was also not unusual in kidnapping for ransom cases for there being a delay in filing FIR as the parents were often frantically searching for their abducted child and as such lodging of the formal FIR was of lesser importance to them---Even otherwise the delay in the FIR had been explained by the complainant as he was threatened by the kidnappers not to lodge the FIR which by his own admission made him scared and delayed him from so doing---No enmity had been suggested against the police or the other witnesses including the complainant, abductee and person who paid the ransom and as such none of them had any reason to implicate the accused in a false case---If they wanted to falsely implicate the accused they could have easily nominated them as accused in the FIR but the complainant did not do so---Circumstances established that the prosecution had proved its case beyond a reasonable doubt against two accused---appeals against conviction were dismissed accordingly. Citation Name: 2023 YLR 1796 KARACHI-HIGH-COURT-SINDHBookmark this Case IMRAN AHSAN alias SUNNY VS State S. 417---appeal against acquittal---Interference--- Scope--- Judgment of acquittal should not be interjected until findings are perverse, arbitrary, foolish, artificial, speculative and ridiculous---Scope of interference in appeal against acquittal is narrow and limited because in an acquittal the presumption of the innocence is significantly added to the cardinal rule of criminal jurisprudence as the accused would be presumed to be innocent until proved guilty. Citation Name: 2023 YLR 1796 KARACHI-HIGH-COURT-SINDHBookmark this Case IMRAN AHSAN alias SUNNY VS State Ss. 365-a & 34---anti-Terrorism act (XXVII of 1997), S. 7---Kidnapping or abducting for extorting property, valuable securities, common intention, act of terrorism---appreciation of evidence---Tender of pardon---Evidence of accomplice---Scope---accused was charged for kidnapping the son of complainant for ransom, however, he was released after the payment of Rs. ten lac---Star prosecution witness was a female accused, who turned approver in the case against her co-accused---Said witness was granted a conditional pardon by the Trial Court and despite her pardon being challenged by the State on account of her not giving completely truthful evidence at trial after a full dressed trial the trial court found that approver had told the complete truth at trial and as such acquitted her of the charge and upheld her grant of pardon---Having dismissed the complainant's appeal against acquittal of approver for not giving truthful evidence after carefully considering the evidence on record including her evidence given at the trial and her statement under S.164, Cr.P.C, the Court had believed that she had given truthful evidence at trial which was not dented during cross-examination---Since her evidence fully implicated accused persons in the offenses for which they had been charged, thus supported the prosecution case---Circumstances established that the prosecution had proved its case beyond a reasonable doubt against two accused---appeals against conviction were dismissed accordingly. Citation Name: 2023 YLR 1796 KARACHI-HIGH-COURT-SINDHBookmark this Case IMRAN AHSAN alias SUNNY VS State Ss. 365-a & 34---anti-Terrorism act (XXVII of 1997), S. 7---Kidnapping or abducting for extorting property, valuable securities, common intention, act of terrorism---appreciation of evidence---approver, evidence of---Corroboration---accused was charged for kidnapping the son of complainant for ransom, however, he was released after the payment of Rs. ten lac---Evidence of approver was corroborated in all material respects given by the complainant in respect of accused being with approver when she left with his son in broad day light who he identified, the ransom negotiations, the amount of ransom which was settled and the payment of the ransom and the place where the abductee was released after the payment of ransom---Evidence of approver was corroborated in all material respects by abductee in respect of accused being with approver when he left with them in broad day light to show them properties---abductee had identified two accused who were present when he recorded his statement under S.164, Cr.P.C as his kidnappers and also recognized them again in court---Identification parade was not necessary as the abductee was with them for 8 to 9 days and would have got a good look at them and as such would have been able to easily identify them---abductee also corroborated approver as to where he was held captive and demanded the ransom and the place where he was released after the payment of ransom---abductee had no ill will or enmity with any of the accused and had no reason to falsely implicate the accused and as such his evidence which was not dented during cross-examination was believable---Evidence of approver was corroborated in all material respects by the witness, who was aware of the ransom negotiations, the amount of ransom which was settled and actually paid the ransom amount to the accused at the place mentioned by approver---Said witness had no ill will or enmity with any of the accused and had no reason to falsely implicate the accused and as such his evidence in respect of that aspect of the case was believable---Circumstances established that the prosecution had proved its case beyond a reasonable doubt against two accused---appeals against conviction were dismissed accordingly.

IMRAN AHSAN alias SUNNY vs State Ss — 2023 YLR 1796 KARACHI-HIGH-COURT-SINDH

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