| Case ID |
381b175d-fb38-4e92-912f-0a4bf9c22dd4 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeals Nos.372, 373 and 374 of 1995 |
| Decision Date |
Jun 04, 2001 |
| Hearing Date |
Apr 26, 2001 |
| Decision |
The Supreme Court of Pakistan allowed the appeals filed by the State and set aside the High Court's judgment that had acquitted the respondents. The court emphasized the importance of properly scrutinizing the evidence presented during the trial. It found that substantial and irrefutable evidence had been ignored, leading to a grave miscarriage of justice. The court upheld the conviction of Haider Zaidi and Abdul Rashid under section 365A/34 of the Penal Code and sentenced them to life imprisonment along with a fine. The court also convicted Junaid Iqbal under the same section, while acquitting Kamran Raees due to lack of evidence against him. The judgment underscored the critical nature of the abductee's testimony and the importance of following established legal precedents in cases of kidnapping for ransom. |
| Summary |
In this case, the Supreme Court of Pakistan dealt with three criminal appeals concerning the acquittal of several individuals accused of kidnapping for ransom. The decision highlighted the principles of evidence appreciation in criminal trials, emphasizing the need for courts to adhere to established judicial norms. The court found that the High Court had not justified its decision to acquit the accused, as it had disregarded substantial evidence that pointed towards their guilt. The judgment reiterated the importance of the abductee's testimony, which was deemed reliable and confident, as he had no reason to falsely implicate the accused. Ultimately, the court set aside the acquittal, reinstating the convictions and sentences of the accused, thereby reinforcing the legal standards in kidnapping cases. This case serves as a significant precedent for future cases involving similar charges, illustrating the critical role of evidence in ensuring justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUR REHMAN KHAN,
NAZIM HUSSAIN SIDDIQUI,
HAMID ALI MIRZA
|
| Lawyers |
Raja Abdul Ghafoor, Advocate-on-Record for the State,
Muhammad Illyas Siddiqqui, Advocate Supreme Court (in Crl.A. No. 372 of 1995) for Respondent,
Muhammad Munir Peracha, Advocate Supreme Court (in Crl.A. No. 373 of 1995) for Respondent,
Muhammad Iqbal Nehiwal, Advocate Supreme Court (in Crl.A. No. 374 of 1995) for Respondent,
M.A. Zaidi, Advocate-on-Record for Respondents
|
| Petitioners |
THE STATE
|
| Respondents |
,
HAIDER ZAIDI
|
| Citations |
2001 SLD 1605,
2001 SCMR 1919
|
| Other Citations |
State through Advocate General, Sindh, Karachi v. Farman Hussain and others PLD 1995 SC 1,
The State v. Nazir Ahmed and others -1999 SCMR 610,
Muhammad Akbar v. The State 1998 SCMR 2538
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973),
Criminal Procedure Code (V of 1898)
|
| Sections |
365A/34,
Art. 185(3),
154
|