| Case ID |
1eed96da-88f2-4275-8e73-c06747d737c5 |
| Body |
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| Case Number |
Criminal Petition No. 60 of 2017 |
| Decision Date |
Apr 07, 2021 |
| Hearing Date |
Apr 07, 2021 |
| Decision |
The Supreme Court of Pakistan acquitted the petitioner Inhafullah of the charge of kidnapping for ransom under Section 365-A of the Penal Code. The court found significant flaws in the evidence presented, including lack of a proper identification parade and discrepancies in testimonies. The court emphasized that the trial court's interventions undermined the integrity of witness testimonies. Given that six out of seven accused had been acquitted, maintaining the conviction of the petitioner was deemed unsafe. The decision underscores the necessity of adhering to evidentiary standards and the principle of neutrality in judicial proceedings. |
| Summary |
The case revolves around a kidnapping for ransom incident involving a child named Atique, who disappeared from outside his house. The petitioner's conviction was initially upheld by the trial court; however, upon appeal, the Supreme Court found serious evidentiary deficiencies. Notably, the absence of a test identification parade and the manner of identification during the trial raised concerns about the reliability of the evidence. The court highlighted that the prosecution failed to establish a solid case against the petitioner, leading to the conclusion that the conviction was not maintainable. The ruling reinforces the importance of upholding due process and the necessity for credible evidence in criminal proceedings, particularly in sensitive cases involving children. This decision serves as a critical reminder for legal practitioners regarding the standards of proof required in abduction cases and the implications of judicial conduct on trial outcomes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUSHIR ALAM, JUSTICE,
YAHYA AFRIDI, JUSTICE,
QAZI MUHAMMAD AMIN AHMED, JUSTICE
|
| Lawyers |
Astaghfarullah, Advocate Supreme Court for Petitioner,
Ms. Ayesha Tasneem, Advocate Supreme Court for the State
|
| Petitioners |
Inhafullah
|
| Respondents |
The State and Another
|
| Citations |
2021 SLD 1115,
2021 SCMR 1725
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
365-A,
22
|