2006 PLP 1004 (SCMR)
AZHAR SHAHZAD — Petitioner Versus THE STATE — Respondent
| Citation | 2006 PLP 1004 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sardar Muhammad Raza Khan and Falak Sher, JJ |
| Parties | AZHAR SHAHZAD — Petitioner Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2006 PLP 1004 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 1004 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sardar Muhammad Raza Khan and Falak Sher, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1004 (SCMR) (AZHAR SHAHZAD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----S. 365-A---Constitution of Pakistan (1973), Art.185(3)---Complainant/father of alleged abductee as well as the abductee, having died in an accident, both of them could not be examined in the Trial Court---Effect of non-appearance of both complainant and alleged abductee would be seen at the trial of accused---Five co-accused of petitioner/accused were acquitted on the basis of same evidence used against petitioner---Leave to appeal was granted by the Supreme Court in order to determine certain important facts as evidence on record required a complete reappraisal. Syed Zafar Abbas Nagvi,, Advocate Supreme Court with Arshad Ali Chaudhry, Advocate-on-Record for Petitioner.M. Zaman Bhatti, Advocate,Supreme Court for the State.
- Date of hearing: 17th March, 2006.
Headnotes / Summary
(On appeal from the judgment, dated 9-2-2005 of the Lahore High Court, Rawalpindi Bench, passed in Criminal Appeal No.64/T of 2004).
Judgment & Decree
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 A 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. H.B.T./A-24/SC Leave granted.