| Citation(s) |
|---|
| 2021 SLG 1610 2021 SLD 1610 2021 YLR 1719 |
Sindh High Court
Special Anti-Terrorism Jail Appeals Nos. 304 and 320 of2016, decided on 6th May, 2020, Date of hearing: 15th April,2020.
MOHAMMAD KARIM KHAN AGHA, JUSTICE, ZULFIQAR ALI SANGI, JUSTICE
Ajab Khan Khatak for Appellant (in Special Anti-Terrorism Jail Appeal No. 304 of 2016).Mrs. Abida Parveen Channar for Appellant (in Special Anti-Terrorism Jail Appeal No. 320 of 2016).
Special Anti-Terrorism Jail Appeals Nos. 304 and 320 of2016, decided on 6th May, 2020, Date of hearing: 15th April,2020.
MOHAMMAD KARIM KHAN AGHA, JUSTICE, ZULFIQAR ALI SANGI, JUSTICE
Ajab Khan Khatak for Appellant (in Special Anti-Terrorism Jail Appeal No. 304 of 2016).Mrs. Abida Parveen Channar for Appellant (in Special Anti-Terrorism Jail Appeal No. 320 of 2016).
SAINDADVSTHE STATE
Law: Penal Code (XLV of 1860)
Section: 365-A
Law: Pakistan Arms Ordinance, 1965
Section: 13(e)
Law: Anti Terrorism Act, 1997
Section: 7(e)
(a) Penal Code (XLV of 1860)--- ----Ss. 365-A 34---Pakistan Arms Ordinance (XX of 1965), S. 13(e)---Anti-Terrorism Act (XXVII of 1997), S.7(e)---Kidnapping or abduction for ransom, common intention, possession of illegal weapon, act of terrorism---Appreciation of evidence---Allegations against the accused were that they in furtherance of their common intention abducted husband of complainant for ransom---Record showed that prosecution had proved its case beyond a reasonable doubt against both the accused by producing reliable, trustworthy and confidence-inspiring evidence including the correct identification of the accused as the kidnappers---Weapons of offence were recovered from the accused---Part of ransom amount and the chain and lock used to tie the abductee during his captivity were recovered on the pointation of accused---Only accused had knowledge about the place of captivity and nobody else and it was shown by the accused persons to the police with the admission that the abductee was kept in the said house---Accused persons from the said house also produced to the police the weapons and the chain with lock and the amount of ransom, which fully supported the prosecution case---Appeal against conviction was dismissed, in circumstances. Kanwar Anwar Alis case PLD 2019 SC 488; Waqar Ahmed and another v. The State 2012 PCr.LJ 170; Muhammad Hayat alias Liaquat v. The State PLD 2008 Kar. 603; Kamal Din alias Kamala v. The State 2018 SCMR 577; Sabir Ali alias Fauji v. The State 2011 SCMR 563; State through Advocate-General Sindh, Karachi v. Farman Hussain and others PLD 1995 SC 1; Muhammad Zaman v. The State 2007 SCMR 813; Mst. Naseem Akhtar and another v. The State 1999 SCMR 1744; Ghulam Hussain Soomro v. The State PLD 2007 SC 71; Said Muhammad v. The State 1999 SCMR 2758 and Muhammad Akbar v. The State 1999 SCMR 693 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 365-A 34---Pakistan Arms Ordinance (XX of 1965), S. 13(e)---Anti-Terrorism Act (XXVII of 1997), S.7(e)---Qanun-e-Shahadat (10 of 1984), Art.22---Kidnapping or abduction for ransom, common intention, possession of illegal weapon, act of terrorism---Appreciation of evidence---Test identification…
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