Case Details

Citation(s)
2025 SLG 3514 2025 SLD 3514 = 2025 PCRLJ 985
Balochistan High Court
Criminal Jail Petition No. 31 of 2023, decided on 31st May, 2023.
Before Abdullah Baloch, J
Rashid Ayub for Petitioners. Mrs. Amina Hashmi, Deputy Public Prosecutor for the State.

Mst. DADLI and 2 others---Petitioners

VERSUS

The STATE---Respondent

Law: Penal Code (XLV of 1860)

Section: 365,34

Law: Qanun-e-Shahadat (10 of 1984)

Section: 37,38,39,40

a) Penal Code (XLV of 1860)-------Ss. 365 & 34---Abduction for ransom, common intention---Appreciation of evidence---Witness having no grudge or enmity with accused persons--Accused were charged for abducting the minor cousin of complainant for ransom---Complainant reiterated the contents of FIR and narrated the entire story in line with his fard-e-bayan and the FIR---Complainant narrated the whole story with regard to abduction of child by an unknown veiled woman--Though, complainant had not directly involved the petitioners in the crime, but he brought the criminal machinery into motion, whereafter during investigation the police recovered the child from the possession of petitioners---Prosecution produced the evidence of "GM", who stated that on the fateful date when he came to his house and was informed that a child was weeping outside their house, to which he showed the picture of child to his family members, who confirmed the abducted child, whereafter he informed the family members of abductee by stating that his nephew was flying kite at top roof of his house, who saw the child weeping with the petitioner/accused No. 1, thus the police arrived at the site and on checking, the house of petitioners was found locked--Admittedly, said witness had neither any relationship with the complainant party nor any enmity or grudge with the accused persons rather said witness had given clue to the prosecution to investigate the matter in the right direction by tracing out the real culprits---Police traced out the location of petitioners through their cell number and reached at the huts, where the police encircled the huts and recovered the abductee from the possession of petitioners--Petitioners had failed to point out any misreading and non-reading of evidence and major contradiction in the statements of witnesses or any material illegality or irregularity in the impugned judgments, warranting interference by the Court---Petition being devoid of merits was dismissed, in circumstances.(b) Penal Code (XLV of 1860)-------Ss. 365 & 34---Abduction for ransom, common intention---Appreciation of evidence---Extra judicial confession---Reliance---Accused were charged…
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