Legal Case Summary

Case Details
Case ID 227df2a6-6240-4bff-89b0-0feb97f81646
Body View case body.
Case Number Special Criminal Anti-Terrorism Appeals Nos. 16, 1
Decision Date Sep 26, 2012
Hearing Date Sep 12, 2012
Decision The Sindh High Court allowed the appeals of the accused persons, acquitting them of the charges of kidnapping for ransom under the Pakistan Penal Code and the Anti Terrorism Act. The court found significant doubts in the prosecution's case, particularly regarding the validity of confessional statements and the lack of independent witnesses. The court emphasized the importance of reasonable doubt in criminal cases, reiterating that such doubts benefit the accused. Consequently, the judgment of the lower court was set aside, and the appellants were ordered to be released if not required in any other case.
Summary In the case of Special Criminal Anti-Terrorism Appeals Nos. 16, 18 and 24 of 2010, the Sindh High Court addressed serious allegations against the appellants, who were accused of kidnapping a minor for ransom. The court critically examined the evidence provided by the prosecution, which included confessions and voice identification. The court found multiple discrepancies, including delays in recording confessions and the lack of independent witnesses during the recovery of the abductee. The judgment highlighted the principles of fair trial and the necessity of reliable evidence in criminal proceedings. The appeals were allowed, reinforcing the legal principle that an accused must be given the benefit of any reasonable doubt. This case underscores the significance of judicial scrutiny in ensuring justice and the protection of individual rights against wrongful conviction.
Court Sindh High Court
Entities Involved Not available
Judges SHAHID ANWAR BAJWA, AFTAB AHMED GORAR
Lawyers Ms. Syeda Sara Kanwal, Khalid Mumtaz, Abrar Khichi
Petitioners others, TARIQ
Respondents The STATE
Citations 2013 SLD 461 = 2013 PCRLJ 1786
Other Citations Muhammad Ibrahim v. The State PLD 2000 Kar. 128, Murtaza and 2 others v. The State and another 1996 PCr.LJ 358, Minhon and another's case 1996 PCr.LJ 528, Irshad Ali alias Ishoo and 2 others v. The State PLD 2006 Kar. 178, PLD 2007 Quetta 12, Tariq Pervez v. The State 1995 SCMR 1345, Tooh v. The State 1975 PCr.LJ 440, 2007 PCr.LJ 359, PLD 2006 Kar. 206, 2008 PCr.LJ 87, PLD 2006 SC 538
Laws Involved Pakistan Penal Code, 1860, Anti Terrorism Act, 1997
Sections 365-A, 34, 7(e)