| Citation(s) |
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| 2020 SLG 1150 2020 SLD 1150 2020 MLD 850 |
Lahore High Court
Criminal Appeal No. 24 and Capital Sentence Reference No.1-T of 2015, decided on 22nd October, 2019, hearing Date :22nd October, 2019.
ASJAD, JAVAID GHURAL, JUSTICE FAROOQ HAIDER, JUSTICE
Ms. Saima Asif Rana for Counsel at State expense.Mueen Ali, Deputy Prosecutor General for the State.
Criminal Appeal No. 24 and Capital Sentence Reference No.1-T of 2015, decided on 22nd October, 2019, hearing Date :22nd October, 2019.
ASJAD, JAVAID GHURAL, JUSTICE FAROOQ HAIDER, JUSTICE
Ms. Saima Asif Rana for Counsel at State expense.Mueen Ali, Deputy Prosecutor General for the State.
HAFIZ IMRAN ALIAS ABBAS ALIAS HAMZAVSTHE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)--- ----Ss. 365-A, 395 & 342---Anti-Terrorism Act, (XXVII of 1997), Ss.21(j) & 7----Kidnapping or abducting for extorting property, valuable securities, dacoity, wrongful confinement, abetting, terrorism---Appreciation of evidence---Benefit of doubt---Accused were charged for kidnapping a foreigner from his residential room, caused him injury on his head while inflicting blow with butt of pistol and took him with themselves; while leaving place of occurrence accused persons also snatched mobile phones from other two persons---Admittedly, occurrence took place at 03:00/03:15 a.m. and no source of light had been claimed by the prosecution---One prosecution witness during his statement though introduced source of light but it was found as dishonest improvement---Neither any source of light had been taken into possession nor shown in site plan prepared by Investigating Officer---Prosecution case was that CCTV cameras were installed at the place of occurrence but neither said cameras nor any CCTV footage/movie was produced before the court---Prosecution could not produce any valid reason for non-production of the same and also could not establish through any cogent material that said CCTV camera was not functional at that time---Prosecution case was that there was a Security Guard in the building where alleged occurrence took place but prosecution could not bring on record any material during investigation or trial of the case to prove that there was a Security Guard at the relevant time---Witness had further stated that he did not know whether site plan was drafted on his pointing out in his presence and even he could not tell about number of rooms in the house i.e. place of occurrence and also could not tell that either there was any wire on the boundary wall---Said witness also could not tell that after how much time of the occurrence police had arrived---Prosecution case was that two witnesses along with their other companions were got tied in office at ground floor with ropes/string of shalwar (azarband) and solution tape was stuck at their mouths---Assailants, thereafter, took one witness with them to upper storey of the house and…
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