1990SCMR1275 (PLP)

‑‑‑‑Ss.386 & 365‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Testimony of the kidnapped boy and his sister, who was an eye‑witness, remained unshaken despite lengthy cross‑examination‑‑‑Concurrent findings of the two Courts below regarding accused's guilt was based on reliable evidence‑‑‑Offence committed by accused was heinous‑‑‑Leave to appeal was refused in circumstances. Manzoor Elahi, Advocate‑on‑Record for Petitioner. Date of hearing: 19th February, 1990. AJMAL MIAN, J.‑‑Leave to appeal is sought against the judgment dated 10‑4‑1988 passed by a learned Single Judge of the Lahore High Court in Criminal Appeal No.5 of 1987 against the judgment dated 13‑1‑1987 passed by the learned Sessions Judge, Islamabad, whereby the High Court set aside the convictions and sentences awarded to the two co‑accused but maintained the same in respect of the present petitioner.

2. The facts to be noted are that the present petitioner and co‑accused, Jawad Bashir and Ahmad Jalees, were tried under section 386/34, P.P.C. and 364‑A/34/115, P.P.C. by the learned Sessions Judge, Islamabad, for kidnapping Kashif Nazir on 3‑8‑1985 from his father's house, complainant Nazir Ahmad, and releasing him after obtaining a ransom amount of Rs.2,50,

000. The learned Sessions Judge, upon the conclusion of the trial, convicted all the three accused under Section 386/34, P.P.C. and sentenced them‑ to R.I. for seven years and a fine of Rs.50,000 each, or in default of payment thereof to undergo further R.I. for two years. The present petitioner was further convicted under Section 365 and sentenced to R.I. for five years and a fine of Rs.20,000 or in default of payment thereof to suffer further R.I. for one year, whereas the other two co‑accused were convicted under Section 365/109, P.P.C. and sentenced to R.I. for three years and a fine of Rs.15,000 each or in default of payment of fine to suffer further R.I. for one year. All the sentences were ordered to run concurrently. The petitioner, being aggrieved by the above judgment, has filed the above petition for leave.

3. We have heard Mr.Manzoor Ilahi, learned A.O.R. for the petitioner, and have also perused the record and we find that the concurrent finding of the two Courts below on the question of petitioner's guilt is based on reliable evidence. Besides the other evidence the testimony of the kidnapped boy Kashif Nazir and his sister, Mst.Shazia alias Sobia, who was an eye‑witness, remained unshaken in spite of lengthy cross‑examination. Unfortunately the offence committed by the petitioner was heinous. We do not find any justifiable reason to grant leave. Leave is accordingly refused. N.H.Q./T‑65/S Leave refused