Law: Anti Terrorism Act, 1997

Section: 7

Anti Terrorism Act, 1997 (XXVII of 1997)-- ----S. 7--Kidnapping--Qatl-i-Amd--Acquittal of co-accused--Doctor examined putrefied dead body; it was burnt from neck to head, missing limbs of body included skin and muscles from head to face--Corpse was identified on basis of clothes, a mobile phone handset and some papers found in pocket--Cecomposed corpse, its presence at an openly accessible place drastically diminishes inculpation of disclosure, heavily relied upon by prosecution--Presence of a mobile phone handset and papers left with corpse to provide space to possibility of identification by witnesses in itself is a circumstance far from being plausible--Forensic report does not advance prosecution case either inasmuch as, seizure of casing after lapse of a period exceeding three weeks is a position that requires a pinch of salt--Acquittal of co-accused though assigned a somewhat different role, nonetheless, inseparably within integrity of charge is yet another setback to prosecution--Accused is acquitted. JUDGMENT Qazi Muhammad Amin Ahmed, J.- Muhammad Yasin, appellant, was tried alongside Muhammad Hussain and Muhammad Hadi by the learned Special Judge Anti-Terrorism Court-I, Quetta in the absence of absconding co-accused, namely, Qurban Ali alias Shutar, Zakir and Asif, for abduction and subsequent murder of Qari Haji Muhammad, 30/32, while he was on a pleasure trip with his companions Noor Muhammad (PW-4) and Fateh Khan on 30.3.2007; they were frisked and thrashed before confined in a cave wherefrom the deceased was subsequently separated from his companions, let off unscathed. Upon receipt of information, the members of the deceased family set out in his search; during the process, they were confronted and forced to retreat by the tribesmen that included the proclaimed offenders as well. Incident was reported by deceased’s maternal uncle Haji Agh Muhammad (PW-1) on 5.4.2007 at Police Station Quaid Abad, District Quetta. As the investigation commenced, the appellant was confronted to the witnesses in a test identification parade held under magisterial supervision on 16.4.2007; the co-accused were also picked up by the witnesses on different dates. Upon a…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492