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)---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---Last seen evidence---Scope---accused were charged for committing murder of the father of complainant after kidnapping him for extorting money---In the present case, the claims of eye-witness was that he had seen the deceased in the company of the appellants---However, a close scrutiny of deposition of said witness revealed significant deficiencies that undermined its probative value to hold the appellants accountable for the charges of homicide---Said witness had failed to assign any specific or individualized role to the appellants in the commission of the offence of murder---Statement of said witness was generalized in nature, merely alleging that all three appellants kidnapped the deceased, without elaborating on which of them exercised physical control over abductee, whether any weapons were used (except one used upon him) or by whom, or how coercion was applied---Crucially, said eye-witness had shown complete ignorance regarding the mode of transportation used to remove the deceased from the scene of abduction to the place of captivity---There was no mention of whether the deceased was taken by foot, motorcycle, car, or any other means---as an eye-witness, such omissions on material particulars significantly eroded the credibility of his account---Moreover, eye-witness admitted that he was not medically examined despite allegedly being struck with the butt of a pistol---Said witness also failed to identify the make, color, or registration number of the motorcycle allegedly used in the commission of the offence---Inability of said witness to describe the sequence of events following his departure from the scene further weakened the reliability of his testimony---Therefore, the testimony of eye-witness did not inspire confidence and failed to meet the standard of proof required in criminal jurisprudence---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-a P.P.C were set-aside---However, sentence awarded to appellant No. 1 under S.7(1)(ff) anti-Terrorism act, 1997 was converted to one 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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