Qatl-i-amd, kidnapping or ABDUCTION for ransom, common intention, acts of terrorism

Citation Name  : 2019  SCMR  1210     SUPREME-COURT
  Side Appellant : MUHAMMAD ZUBAIR
  Side Opponent : State
     
 
Ss. 302(b), 365-A & 34---Anti-Terrorism Act (XXVII of 1997), Ss. 7(a) & 7(e)---Qatl-i-amd, kidnapping or ABDUCTION for ransom, common intention, acts of terrorism---Reappraisal of evidence---Very genesis of the case was suspect, as according to the complainant he presented application for registration of case on 2-1-2009 whereas according to the police it was received on 7-1-2009---Said fact was confirmed not only by an endorsement but also copy of First Information Report---Said FIR did not contain all the details that the complainant subsequently mentioned in the witness box---Manner in which the complainant, statedly, followed the accused and his co-accused wife to pay ransom was far from being confidence inspiring; there did not appear any earthly reason as to why the accused would take his wife and minor son with him to accomplish a task that he could have singularly achieved---More surprising was the act of accused in exposing himself to the witnesses, particularly when he had planned to do away with the abductee---Subsequent demand of ransom and complainant's compliance therewith was yet another aspect that could not be taken without a pinch of salt---Test identification parade did not advance prosecution's case as well, as two of the witnesses failed to pick the accused and co-accused in test identification parade due to which both of them had been withheld---Rent deed produced by the prosecution on the face of it appeared to be a fabricated instrument and as such does not constitute positive proof of accused's occupancy of the premises wherefrom incriminating articles were recovered---On the whole, prosecution case was fraught with doubts, thus it would be unsafe to maintain the convictions---Appeals were allowed, impugned judgment was set aside, and the accused and co-accused were acquitted of the charge.

 
 
  
 
     
             
             
  Citation Name  : 2019  SCMR  1027     SUPREME-COURT
  Side Appellant : FAZAL SUBHAN
  Side Opponent : State
     
 
S. 365-A---Anti-Terrorism Act (XXVII of 1997), S. 7(e)---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)---Kidnapping or ABDUCTION for extorting property, valuable security etc., act of terrorism, haraabah---Reappraisal of evidence---Prosecution case was fraught with doubts---Various pieces of evidence collected by the investigating officer did not satisfactorily connect the accused persons with the commission of the crime---Question as to how the abductee made his escape good despite being held by no less than four persons so as to appear without any hindrance before the police was quite intriguing---Demand of ransom from abductee's brother was only a verbal assertion with no forensic proof regarding conversation on the cell phone---Vehicle was not recovered from any of the accused and the person who produced was not presented before the court---Prosecution case was far from being confidence inspiring and thus it was unsafe to maintain the conviction of the accused persons---Appeals were allowed and accused persons were acquitted of the charged against them.

 
 
  
 
     
             
             
  Citation Name  : 2019  PLD  577     SUPREME-COURT
  Side Appellant : SHAUKAT ALI
  Side Opponent : State
     
 
Ss. 302(b), 365-A & 201---Anti-Terrorism Act (XXVII of 1997), S.7(e)---Qatl-i-amd, kidnapping or ABDUCTION for extorting property, valuable security etc., causing disappearance of evidence of offence, acts of terrorism---Reappraisal of evidence---Sentence, reduction in---Death sentence reduced to imprisonment for life---Predominant purpose behind the crime was to extract ransom and it was in that process that the deceased lost his life due to suffocation and use of excessive tranquilizers to subdue him---Viewed from such angle alteration of death penalty into imprisonment for life on each count would be appropriate---Consequently, penalty of death awarded to accused on three counts was altered into imprisonment for life on each count---Appeal was dismissed accordingly.

 
 
  
 
     
             
             
  Citation Name  : 2019  PLD  577     SUPREME-COURT
  Side Appellant : SHAUKAT ALI
  Side Opponent : State
     
 
Ss. 302(b), 365-A & 201---Anti-Terrorism Act (XXVII of 1997), S.7(e)---Qatl-i-amd, kidnapping or ABDUCTION for extorting property, valuable security etc., causing disappearance of evidence of offence, acts of terrorism---Reappraisal of evidence---Confessional statement before Judicial Magistrate, retraction from---Reliance upon such retracted confessional statement for conviction---Prosecution's reliance was primarily upon accused's confessional statement before a Judicial Magistrate---Accused when indicted claimed trial and retracted from his confessional statement, nonetheless, on a careful examination, his confessional statement was free from all taints---Such statement was seemingly voluntary without duress or inducement,and inculpatory in nature---Confessional statement reflected a complete and truthful narration of event leading to deceased's death---Magistrate had taken due care to administer necessary warnings to the accused and recorded each detail thereof in his own hand---Confessional statement did not appear to have been fabricated to advance prosecution's case and thus could be squarely relied upon without any reflection on safe administration of criminal justice---Retraction notwithstanding, the confessional statementwas in synchronization with the events leading towards deceased's death and recovery of dead body on accused's disclosure---Circumstances excluded every hypothesis of innocence of accused and thus the Courts below had rightly relied upon the retracted confessional statement---Conviction of accused was maintained in circumstances---Appeal was dismissed.

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