Muhammad Asif vs State Ss — 2026 YLR 1222 KARACHI-HIGH-COURT-SINDH

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Muhammad Asif VS State Ss. 302(b), 365-a & 34---Explosive Substances act (VI of 1908), Ss. 4 & 5---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---Qanun-e-Shahadat (10 of 1984), art. 22---Qatl-i-amd, kidnapping or abducting for extorting property, valuable security, etc., common intention, making or possessing explosive substances under suspicious circumstances, possession of illicit weapon---appreciation of evidence---Test identification parade conducted belatedly---accused were charged for committing murder of the father of complainant after kidnapping him for extorting money---Identification parade in the present case was conducted after an unexplained delay of five days, which casted serious doubt on its credibility---When said delay was read conjunctively with the two-day delay in the registration of the FIR and the 10 days' delay in recording the statement under S.161, Cr.P.C., the possibility of deliberation and consultation prior to the identification proceedings could not be ruled out---Furthermore, eye-witness had attributed a collective role of kidnapping, demand of ransom and murder of deceased to all three appellants, without assigning any specific or individualized role, except one, who was alleged to have inflicted a butt blow upon eye-witness---Identification of an accused during a parade, without reference to the specific role played by him in the commission of the offence, carried no evidentiary value---Circumstances established that the prosecution had failed to prove the charges of kidnapping for ransom and murder, thus the conviction under Ss.302(b) & 365-aP.P.C were set-aside---However, sentence awarded to appellant No. 1 under S.7(1)(ff) anti-Terrorism act, 1997 was converted into S.5 of the Explosive Substances act, 1908 for 14 years and conviction and sentence for 7 years awarded by the Trial Court under S.23(1) of the Sindh arms act, 2013 to each appellant was maintained---With said modification in sentence, the appeal was partly allowed.

Muhammad Asif vs State Ss — 2026 YLR 1222 KARACHI-HIGH-COURT-SINDH

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