MUHAMMAD QASIM vs State S — 2025 SCMR 880 SUPREME-COURT

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MUHAMMAD QASIM VS State S. 365-a---anti-Terrorism act (XXVII of 1997), S. 7(e)---Qanun-e-Shahadat (10 of 1984), art. 129, illustration (g)---abduction for ransom---Re-appraisal of evidence---Payment of ransom---Proof---Description and denominations of currency notes---Withholding of evidence---Presumption---accused persons were convicted and sentenced for abduction for ransom and sentenced to imprisonment for life---Validity---Complainant did not furnish detailed description of currency notes and their denominations which had raised questions regarding authenticity of payment of ransom as claimed by the complainant---Failure to provide specific details about ransom money, such as denomination and serial numbers, diminishes reliability of entire ransom allegation---Prosecution's failure to identify the place where ransom money was paid had created doubt in prosecution's case---Prosecution witnesses in whose presence ransom amount were paid to abductors were abandoned---Persons from whom complainant allegedly managed/collected ransom amount were neither cited as prosecution's witnesses nor produced in witness box---Testimony of witnesses who were present at critical moments of crime, such as payment of ransom, was inevitable for corroborating complainant's narrative---Failure to produce such witnesses had cast doubt on veracity of complainant's version and raised reasonable suspicion about nature of the incident---Non-production of such material witnesses also amounted to withholding of best available evidence, therefore, adverse inference within the meaning of article 129 (g) of Qanun-e-Shahadat, 1984 was drawn against prosecution that had those witnesses been produced they would not have supported prosecution's case---Supreme Court set aside conviction and sentence awarded to accused persons and they were acquitted of the charge---appeal was allowed.

MUHAMMAD QASIM vs State S — 2025 SCMR 880 SUPREME-COURT

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