SHC dismisses appeal of two convicts in kidnapping and robbery case

The Sindh High Court (SHC) has dismissed the appeal of two convicts against life imprisonment and other sentences in a case involving kidnappings, robbery and possession of an illegal weapon and explosive.

Abdul Waheed and Mushtaq Ahmed were sentenced to life imprisonment by an anti-terrorism court (ATC) for kidnapping a boy for ransom and committing robbery in Gulshan-e-Maymar on July 6, 2019.

According to the prosecution, the appellants made hostage the complainant and his son in their vehicle and later carried away his son with the vehicle demanding Rs5 million in

ransom for his release. Police, however, arrested the appellants and recovered the vehicle and abducted boy from their possession.

A counsel for the appellants submitted that they were falsely implicated in the case as the complainant and his son were not in the position to identify them and they had not been put in an identification parade.

An additional prosecutor general supported the trial court judgment and submitted that the complainant and the abducted boy had identified the appellants as persons who kidnapped them and the boy was recovered from their custody during a police raid.

He argued that police had seized an illegal weapon and hand grenade from their possession as well as the complainant’s vehicle. A division bench of the high court comprising Justice Mohammad Karim Khan Agha and Justice Khadim Hussain Tunio, after hearing the arguments, observed that the prosecution had proved its case beyond any reasonable doubt as eyewitnesses had supported the prosecution case and identified the appellants.

The bench observed that the case of the appellants however did not fall within the purview of the Anti-Terrorism Act (ATA). The high court dismissed the appeal of the convicts and maintained the sentence of the appellants awarded to them by the trial court except in respect of any offence under the ATA, and they declared that they shall be convicted and sentenced only under the Pakistan Penal Code.

Missing persons

The SHC issued notices to federal and provincial law officers, Sindh inspector general of police (IGP) and others on a petition against illegal detention of citizens. The petitioners, Hayat Khatoon and Sanaullah, had submitted that the police and other law enforcement agencies had picked up Fakhurddin and Mohammad Shahid from the Sharafi Goth and Ferozabad areas and their whereabouts were unknown.

A counsel for the petitioners submitted that neither were the detained men produced before any court of law nor did the police disclose details of charges against them. They requested the high court to direct the police and law enforcement agencies to produce the detained persons before court and provide details of cases against them, if any.

The SHC, after the preliminary hearing of the petition, issued notices to the federal and provincial law officers, IGP, Rangers director general and others, and called their comments on May 11.