ABDUCTION

17, Feb 2020

Citation Name : 2019 SCMR 1224 SUPREME-COURT

Side Appellant : IFTIKHAR AHMAD

Side Opponent : State

Ss. 302(b) & 365-A---Anti-Terrorism Act (XXVII of 1997), S. 7(e)--- Qatl-i-amd, kidnapping or ABDUCTION for extorting property, valuable security etc., acts of terrorism---Reappraisal of evidence---Prosecution's case was primarily structured upon the statement of witness who last saw the deceased-victim in company of accused---Said witness shared information with the complainant on the following day and it was on this disclosure that the accused was framed as a suspect---Evidence of said witness was corroborated with the statement of another witness, who saw the accused dumping the corpse---Both said witnesses identified the accused under magisterial supervision---Defence had not been able to impeach credibility of said witnesses, and they had no axe to grind against the accused---Evidence of the last seen was well within the remit of proximity of time and space---Recovery of articles belonging to the victim on the pointation of accused, including school bag and stationery items, constituted another strong piece of evidence against the accused---Recovery of SIM (Subscriber Identity Module), cell phone and generation of calls therefrom, received by the complainant, was confirmed by cell phone data, which presented a strong piece of evidence, immune from foreign interference---Investigative process and conclusion thereof inexorably pointed towards the accused's culpability---Accused had been rightly convicted by the courts below.

ABDUCTION

ABDUCTION

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