| Case ID |
438058c6-623c-479b-866b-9ea49a37c3c6 |
| Body |
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| Case Number |
Special Criminal Anti-Terrorism Appeals Nos. 16, 1 |
| Decision Date |
Sep 26, 2012 |
| Hearing Date |
Sep 12, 2012 |
| Decision |
The appeals were allowed and the accused persons were acquitted due to the prosecution's failure to prove the case beyond reasonable doubt. The court identified several critical flaws in the prosecution's evidence, including a lack of independent witnesses, significant delays in recording confessional statements, and issues regarding the identification of the accused through voice recognition. The court emphasized that the benefit of doubt must be given to the accused when the prosecution's case is not convincingly established. |
| Summary |
In the case of Sindh High Court's Special Criminal Anti-Terrorism Appeals Nos. 16, 18, and 24 of 2010, the court addressed serious allegations of kidnapping for ransom under the Pakistan Penal Code and the Anti Terrorism Act. The appellants were accused of kidnapping a young boy, Muhammad Hassan, and demanding a ransom of Rs. 50,00,000. The prosecution relied heavily on voice identification and confessions that were deemed questionable due to procedural irregularities. The court found that the Judicial Magistrate failed to ensure the accused had legal counsel during confession and that the evidence presented lacked credibility. As a result, the court ruled in favor of the accused, highlighting the principle of 'benefit of doubt' in criminal proceedings. This case underscores the importance of adhering to legal protocols and the rights of the accused in the judicial process. |
| 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 |
TARIQ and others
|
| Respondents |
The STATE
|
| Citations |
2013 SLD 464,
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)
|