NAZEER AHMED alias NAZRO vs State Ss — 2024 YLR 189 KARACHI-HIGH-COURT-SINDH

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NAZEER AHMED alias NAZRO VS State Ss. 365-a & 149---anti-Terrorism act (XXVII of 1997), S. 7----Kidnapping or abducting for extorting property, valuable securities, unlawful assembly, act of terrorism---appreciation of evidence---Benefit of doubt---admissions of witnesses creating doubts in the prosecution case---accused were charged for kidnapping the brother of the complainant for ransom and releasing him after receiving the ransom amount---Record showed that there were certain admissions on the part of prosecution witnesses which damaged the case of the prosecution---Complainant in his cross examination admitted that his brother with his own will and wish went in and boarded the vehicle, allegedly used for abduction---Likewise, such admission had also been made by alleged abductee in his cross examination viz, he boarded such vehicle with his own will and wish as he had to go to "K" for his work at marble factory---Said admission by the complainant and alleged abductee spoiled their claim regarding abduction for the simple reason that abduction generally means taking away a person forcibly without his consent---Complainant himself had not claimed that his brother was forcibly taken away, on the other hand he clearly deposed that his brother boarded the vehicle wherein accused were already present with his own will and wish---Investigating Officer had also admitted that he did not produce roznamcha entry/ daily diary of his departure and arrival at the police station when he proceeded for site inspection---Non-production of roznamcha entry also put dent in the prosecution 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.

NAZEER AHMED alias NAZRO vs State Ss — 2024 YLR 189 KARACHI-HIGH-COURT-SINDH

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