ABID vs State Ss — 2024 PCrLJ 790 KARACHI-HIGH-COURT-SINDH

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ABID VS State Ss. 302(b), 363, 365-a, 376(ii) & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, kidnapping, kidnapping or abducting with intent to secretly and wrongfully confine person, kidnapping or abducting a person under the age of fourteen, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Last seen evidence not believable---accused were charged for committing rape with the daughter of the complainant after kidnapping her---No eye-witness saw the abduction of the deceased or the murder or rape of the deceased---Only evidence in respect of the abduction was the last seen evidence of a witness---according to his evidence on 30.07.2015 at about 6.40 p.m. the witness was sitting in his workshop and saw three culprits taking away the deceased girl with them on a motorcycle---On 31.08.2015 the dead body of the deceased was recovered and the police came to his workshop and asked him if he could identify the persons who he had seen taking the girl away by motor bike to which he answered in the affirmative---On 06.08.2015 he came to the court for an identification parade however it could not take place and he returned for the identification parade on 08.08.2015 whereby he identified all of the accused persons as being the ones the motor bike with the deceased---From his evidence questions emerged, how did the police know that he had seen the incident as the police came to him and not vice versa---Unclear, how many days after the incident he gave his S.161, Cr.P.C statement to the police---In his S.161, Cr.P.C statement by his own admission he did not give any features, hulia, description of the accused persons or the deceased none of whom he had seen before so how could he be able to safely and correctly identify them at an identification parade---More significantly said witness stated that he saw 20/30 bikes taking babies on the same day so how did he know that it were the present accused persons, (who he had never seen before) who had kidnapped a child rather than any others person driving their bikes with a baby on board---Even if the witness was correct in his identification of the accused persons and the deceased, how did we know that the accused persons did not drop off the deceased elsewhere before her death---Circumstances established that the prosecution failed to prove its case against the accused persons beyond shadow of any doubt---appeal against conviction was accordingly allowed.

ABID vs State Ss — 2024 PCrLJ 790 KARACHI-HIGH-COURT-SINDH

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