| Case ID |
2e33cff6-6ccd-48ec-9539-ef0ed4fe0f4a |
| Body |
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| Case Number |
Criminal A.T.A. Appeal No. D-50, Criminal Appeal N |
| Decision Date |
Oct 28, 2019 |
| Hearing Date |
Sep 12, 2019 |
| Decision |
The High Court upheld the convictions and sentences awarded by the Trial Court to the accused persons involved in the kidnapping for ransom case. The court found that the prosecution had established its case beyond reasonable doubt through credible evidence, including the direct testimony of the abductee who identified the accused. The evidence was further corroborated by police encounters that resulted in the recovery of the abductee, thus reinforcing the prosecution's case. The court concluded that minor discrepancies in witness accounts did not undermine the overall credibility of the prosecution's evidence. Therefore, the appeals were dismissed. |
| Summary |
This case revolves around the conviction of several individuals for kidnapping for ransom under the Penal Code and the Anti-Terrorism Act. The facts highlight the abduction of Haji Noor Muhammad Mahar and the subsequent police encounter that led to the recovery of the abductee. The prosecution presented strong evidence, including eyewitness accounts and police testimonies. Despite some minor discrepancies, the court found the evidence reliable and sufficient to uphold the convictions. This case emphasizes the legal frameworks surrounding abduction and the importance of witness credibility in securing convictions in criminal cases. Keywords: kidnapping, ransom, prosecution evidence, Sindh High Court, Anti-Terrorism Act. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
MUHAMMAD IQBAL KALHORO, JUSTICE,
ZULFIQAR ALI SANGI, JUSTICE
|
| Lawyers |
Imam Bux Baloch for Appellant (in Criminal A.T.A. Appeal No. D-50 of 2016),
Saifullah Dasti for Appellant (in Criminal Appeal No. D-55 of 2016),
Muhammad Jameel Ahmed for Appellant (in Criminal Jail Appeal No. D-56 of 2016),
Ms. Safa Hisbani, Assistant Prosecutor General, Sindh for the State
|
| Petitioners |
HIMAT ALI AND OTHERS
|
| Respondents |
THE STATE
|
| Citations |
2021 SLD 379,
2021 PCRLJ 150
|
| Other Citations |
Azeem Khan and another v. Mujahid Khan and others 2016 SCMR 274,
Muhammad Akbar v. The State 1998 SCMR 2538,
Mohammad Hayat and 3 others v. The State 2018 PCr.LJ Note 61,
Riaz v. The State 2018 YLR 2059,
Abdul Jabbar and others v. The State 2017 PCr. LJ 160,
Muhammad Dawood and 8 others v. The State 2015 PCr.LJ 316,
Muhammad Saleem v. The State 2014 YLR 794,
Bashir Ahmed v. The State 2015 MLD 313,
Aamir Ali and 2 others v. The State 2017 PCr.LJ 1451,
Muhammad Rasool v. The State 2015 PCr.LJ 391,
Ghulam Hussain Soomro v. The State PLD 2007 SC 71,
Dr. Javed Akhtar v. The State PLD 2017 SC 249,
The State v. Haider Zaidi and 2 others 2001 SCMR 1919,
The State through Advocate General Sindh Karachi v. Farman Hussain and others PLD 1995 SC 1,
The State v. Nazeer Ahmed and others 1999 SCMR 610,
Hakim Khan v. The State 2013 SCMR 777,
Sajan and another v. The State 2015 PCr.LJ 953
|
| Laws Involved |
Penal Code (XLV of 1860),
Anti Terrorism Act, 1997,
Sindh Arms Act, 2013
|
| Sections |
365-A,
7,
22
|