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---Improvements made by the complainant in his statement---Effect---accused were charged for committing rape with the daughter of the complainant after kidnapping her---In the FIR registered against unknown persons, there was no mention by the complainant that anyone, let alone the accused persons, had made a ransom demand for the safe return of his daughter---Complainant had nothing to fear by adding that aspect of the case in his S.154, Cr.P.C. statement as he knew his daughter was already dead and as such he had nothing to lose by mentioning the ransom demand from three unknown persons in his S.154, Cr.P.C statement---In fact on 02.08.2015 one of the accused persons was arrested on the assertions of the original accused who was being interrogated in police custody in respect of the crime on 01.08.2015, who the accused persons claimed in their S.342, Cr.P.C. statements was the real accused but was let off after paying a bribe---after the arrest of one of the accused persons for the crime that in the further statement made by the complainant on 03.08.2015 the story of a ransom demand from three unknown persons surfaced which appeared to be based on the particular facts and circumstances of the case to be manufactured and as such little reliance could be placed on the so called eye-witness evidence of the complainant---Such a material improvement in the further statement of the complainant after arrest of one of the accused persons casted serious doubt on his entire evidence as it was a massive, significant and dishonest improvement in the context of the case---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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