Mumtaz vs State Ss — 2024 MLD 830 KARACHI-HIGH-COURT-SINDH

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Mumtaz VS State Ss. 365-a, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Kidnapping or abduction for extorting property, valuable security, etc., rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Benefit of doubt---Identification of accused in Court after nine years of occurrence---Effect---accused was charged that he along with his co-accused persons kidnapped many persons on the force of weapons and demanded ransom of Rs. ten lac for their release---In this case the abductees were released by the police after an alleged encounter on 04.03.2011---On 14.03.2011 one of the abductees gave his S.164, Cr.P.C statement before a Magistrate in which he narrated the incident---Said abductee did not name the accused in his S.164, Cr.P.C statement and did not give any hulia of any of the persons who had held him in captivity---Said abductee identified the accused in the Court room nine years after the incident---although during re-examination, said abductee stated that he did correctly identify the accused but he had forgiven him---What was of significance was that he was told that the accused had a crippled hand by the police, so he could easily identify the accused in Court as he was distinguishable from the others---Thus, the identification of the accused in the Court became suspicious---abductee did not draw any sketch of the accused and did not pick him out of any picture which was shown to him with other dacoits---This created severe doubts based on the particular facts and circumstances of this case that the accused was able to correctly, safely and reliably identify the accused in court as one of the persons who played a role in his abduction nine years ago---appeal against conviction was allowed, in circumstances.

Mumtaz vs State Ss — 2024 MLD 830 KARACHI-HIGH-COURT-SINDH

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