| Citation(s) |
|---|
| 2019 SLG 1145 2019 SLD 1145 2019 PCRLJ 640 |
Peshawar High Court
Criminal Appeal No. 17-P of 2013, decision & hearing Dated: 11-12-2018.
ROOH-UL-AMIN KHAN, JUSTICE QALANDAR ALI KHAN, JUSTICE
Petitioner(s) by: Syed Abdul Fayaz and Bashir Ahmed Khan
Respondent(s) by: Muhammad Riaz Khan, AAG
Criminal Appeal No. 17-P of 2013, decision & hearing Dated: 11-12-2018.
ROOH-UL-AMIN KHAN, JUSTICE QALANDAR ALI KHAN, JUSTICE
Petitioner(s) by: Syed Abdul Fayaz and Bashir Ahmed Khan
Respondent(s) by: Muhammad Riaz Khan, AAG
INSPECTOR SYED RAHIM
VS
THE STATE
Law: Anti Terrorism Act, 1997
Section: 25,27
Law: Pakistan Penal Code, 1860
Section: 171,342,365A
Law: Criminal Procedure Code (V of 1898)
Section: 156(2)
Law: Police Rules, 1934
Section: R.25.2(3)
Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 25 & 27---Police Rules, 1934, R.25.2(3)---Defective and improper investigation---Awarding of symbolic punishment by Anti-Terrorism Court---Appeal---Scope---Symbolic punishment of fine of Rs.10,000 was awarded to appellants/Police Officers for conducting improper and defective investigation in a criminal case of kidnapping for ransom---Accused were acquitted and the Police Officers were punished after giving notices for conducting deffective investigation---Validity---Record showed that the local police neither registered the FIR nor order of the Magistrate for conducting enquiry was obtained---Even record of the enquiry was not made available so as to ascertain as to what proceedings were conducted by the Police Officer who was entrusted with enquiry---Such conduct of the Police Officer gave rise to the suspicion that he might have suppressed material facts and evidence which could lead to conviction of the accused---Zamima and fard khulasa dated 1.3.2012 showed production of accused before the Judicial Magistrate within 8.30 to 1200 hours, wherefrom their judicial remand was obtained and they were handed over to jail authorities---Record of the case falsified the said facts showing the arrest and recovery at 16.40 hours on 1.3.2012, thus created doubt about its authenticity---SHO handed over motorcars to the DSP immediately after the alleged recovery, without a court order or proper procedure---Handing over the cars to a Police Officer who had nothing to do with investigation of the case was not only misconduct but also a criminal offence by the Police Official---Police failed to enquire and collect evidence about the fact of abduction of abductee in the area where he was allegedly carring out business of cloth---Said Officer had failed to bring the enquiry file on the judicial record in order to ascertain the whole proceedings conducted since abduction of abductee till the date of registration of FIR---Circumstances established not only dereliction in duty but also misconduct and commission of criminal offence of breach of trust on the part of the accused Police Officers entrusted with investigation of the…
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