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Petitioner: AZHAR SHAHZAD VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Falak Sher, Sardar Muhammad Raza Khan Title: AZHAR SHAHZAD vs THE STATE Case No.: Criminal Petition No,91 of 2005 Date of Judgment:2006-03-17 Reported As: 2006 SCMR 1004 Result: Leave granted
JUDGMENT
JUDGMENT ' SARDAR MUHAMMAD RAZA KHAN, J.--- While his five co-accused were acquitted by the trial Court, Azhar Shahzad, the petitioner was convicted under section 365-A, P.P.C. Etcetra, for abducting Hafiz Waqar Ahmad for ransom, with reference to F.I.R. No,442 dated 25-8-2003 of Police Station Taxila District Rawalpindi. The petitioner failed before learned Lahore High Court, Rawalpindi Bench, in his appeal against conviction vide judgment, dated 9-2-2005 and hence he seeks leave to appeal. 2. A peculiar feature of the case is that the complainant/father of the abductee and Hafiz Waqar Ahmad, the abductee had died in an accident somewhere near Rahim Yar Khan and hence both of them could not be examined in the trial Court at Taxila. 3. After hearing the learned counsel for the petitioner, we would like to see the effect of non- appearance of the complainant as well as the abductee on the trial of the accused. It is also noticed that five co-accused of the petitioner were acquitted on the basis of same evidence used against the petitioner. We are of the view that in order to determine certain important facts, the evidence on record requires a complete reappraisal. Leave is granted accordingly.