Case Details

Citation(s)
2017 SLG 1208 2017 SLD 1208 2017 PLJ 471
Lahore High Court
Crl. Appeal No. 1802 of 2012, heard on 29.3.2016. Date of hearing: 29.3.2016.
SADAQAT ALI KHAN AND MRS. ERUM SAJAD GULL, JJ.
Mr. M. Shahzad Awan, Advocate for Appellant (M. Naeem). Ch. Muhammad Imtiaz Bajwa, Advocate for Appellant (M. Pervaiz). Mian Muhammad Ramzan, Advocate for Appellant (Mst. Maqsoodan Bibi). Mr. Tariq Javed, Deputy Public Prosecutor for State.

MUHAMMAD NAEEM alias NEEMON, etc. . --Appellants

VS

STATE, etc. . --Respondents

Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860) --.-- --.-- Ss. 365-A & 363 --.-- Conviction and sentence --.-- Challenge to --.-- Minor was abducted for ransom --.-- Allegedly some ransom money was recovered separately from all the three appellants but the recovered currency notes are not marked --.-- Head-constable who appeared as P.W-2 in his cross-examination stated that neither the alleged recovered currency notes nor the recovered mobile phone were sealed in a parcel and were lying in three separate bags --.-- There is no detail of the house from where the alleged minor was recovered even there is no document on record to prove the ownership of the said house --.-- No independent witnesses were made to join the recovery proceedings regarding the recovery of the alleged minor from the appellants or the currency notes allegedly recovered from the appellants --.-- Alleged abductee minor did not appear as a witness before the trial Court though the investigating officer, inspector PW stated that he recorded the statement of the abductee All --.-- By not producing/ the abductee before the trial Court, casts a serious doubt on the prosecution version --.-- Prosecution has failed to prove its case beyond reasonable doubt and conviction on such unreliable evidence cannot be upheld --.-- That even a single doubt created in the prosecution case which was reasonable would warrant the acquittal of the appellant --.-- Appeal was accepted. [P. 476] A, B & C 2014 SCMR 749 ref. JUDGMENT Mrs. Erum Sajad Gull, J. --.-- The instant appeal has been filed by the appellants against the judgment dated 19.10.2012 passed by the learned Judge, Anti-Terrorism Court No. 1, Lahore whereby the appellants were tried in case FIR No. 342 dated 03.03.2012 under Section 363 PPC (Later on Section 365-A PPC was added vide Zimni No. 4), registered at Police Station Factory Area, Lahore. The appellants were convicted and sentenced as under: "Accused Muhammad Naeem, Muhammad Parvaiz and Maqsoodan Bibi are convicted and sentenced u/S. 365-A PPC, each, to imprisonment for life and forfeiture of their property. The act of the accused also created fear and sense of insecurity in general public,…
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