MUHAMMAD TOOR KHAN alias ABDUL REHMAN vs State Ss — 2023 YLRN 42 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD TOOR KHAN alias ABDUL REHMAN VS State Ss. 364, 365-a & 34---anti-Terrorism act (XXVII of 1997), S. 7---Kidnapping or abducting in order to murder, kidnapping or abducting for extorting property, common intention, act of terrorism---appreciation of evidence---accused were charged for kidnapping the son of complainant for ransom---accused were convicted and sentenced to suffer life imprisonment---Record showed that the FIR was lodged with promptitude, which gave no time for the complainant to cook up a false case against the accused---First Information Report was against unnamed persons and as such there was no attempt to falsely implicate anyone and even otherwise there was no enmity between the complainant and the accused so there was no reason for complainant to falsely implicate accused--- Complainant's route and dropping off of the ransom money by the factory was corroborated by the tracker in the car of a witness whose car the complainant borrowed because it had a tracker in order to drop off the ransom amount at the factory---Said tracker was recovered by the police and corroborated the route which the complainant said whilst making the ransom dropped---Witness, who worked for the tracker company, provided the movement of the tracker on the night the complainant paid the ransom---accused were arrested from a factory, the owner of which was an independent witness, who had no enmity with the accused and had no reason to give false evidence in the case---Likewise, the police witnesses who arrested the accused at the factory with the ransom money and in respect of Investigating Officer who brought the accused before the Judicial Magistrate for recording their confessions and the identification parade of accused---all witnesses corroborated themselves in all material respects---Even if there were any contradictions in their evidence and that of any other prosecution witness, those contradictions were minor in nature and not material and certainly not of such materiality so as to effect the prosecution case and the conviction of the accused---None of the private witnesses had any enmity or ill-will or any reason to falsely implicate the accused and thus there was no reason to disbelieve their evidence---Circumstances established that the prosecution had proved its case against the accused---appeal against conviction were dismissed, in circumstances.

MUHAMMAD TOOR KHAN alias ABDUL REHMAN vs State Ss — 2023 YLRN 42 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported