| Citation(s) |
|---|
| 2015 SLG 2193 2015 SLD 2193 2015 YLR 1911 |
Sindh High Court
Criminal Jail Appeals Nos. D-93 to D-95 of 2012, decided on 24th April, 2014. DATE of hearing: 27th March, 2014.
ABDUL RASOOL MEMON AND RIAZAT ALI SAHAR, JJ
Rukhsar Ali Juneno and Qurban Ali Manao for Appellants. Syed Sardar Ali Shah A.P.G. for the State
Criminal Jail Appeals Nos. D-93 to D-95 of 2012, decided on 24th April, 2014. DATE of hearing: 27th March, 2014.
ABDUL RASOOL MEMON AND RIAZAT ALI SAHAR, JJ
Rukhsar Ali Juneno and Qurban Ali Manao for Appellants. Syed Sardar Ali Shah A.P.G. for the State
NOORAL alias NOORO
VS
The STATE
Law:
Section:
(a) Penal Code (XLV of 1860)--- ----Ss. 342, 365-A & 149---Anti-Terrorism Act (XXVII of 1997), Ss.7(e) & 21-L---Pakistan Arms Ordinance (XX of 1965), S.13---Wrongful confinement, kidnapping or abduction for extorting property, valuable security, etc., common object, offence of kidnapping for ransom, absconding, possessing unlicensed arms---Appreciation of evidence---Benefit of doubt---Allegation of abduction for ransom---Certain unexplained facts and weaknesses in the prosecution story, had made the whole case doubtful---According to FIR, accused were already known to complainant, and accused had asked to contact them in a particular village for payment of ransom---Complainant had himself stated in FIR that he and the witnesses continuously remained in contact with accused persons for payment of ransom, who kept them on false hopes, and that was the reason that FIR was got registered after about two months---Every possibility in circumstances existed of false implication of accused in the case---As to how much amount of ransom was paid, who received it or to whom the alleged payment was made was not brought on the record---Complainant, in his statement before the court had made lot of improvements with regard to payment of ransom---Both alleged abductees, had not stated, that they had written a letter to complainant for payment of ransom to accused persons---Alleged abductees had not stated as to how much ransom was demanded, or how much payment was made to accused persons---Both abductees had deposed that they had identified all the eight culprits involved in the case, however FIR was got registered after return of alleged abductees and only the names of accused persons were mentioned in the FIR---Prosecution witnesses, who were not eye-witnesses, had also not supported the version of the complainant given in FIR---One of the prosecution witnesses had deposed that he could not say, if accused were actually involved in the commission of offence---Glaring untrustworthy, unreliable and contradictory evidence of prosecution, could not be said to have established the charge of abduction for ransom against accused persons beyond any reasonable…
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