Islamabad: The Supreme Court has acquitted Abdul Razzaq, who was serving a life sentence for kidnapping a 13-year-old boy for ransom, giving him the benefit of doubt and holding that the prosecution case was not safe for sustaining the conviction due to material contradictions, weaknesses and suspicious circumstances.
A three-member bench comprising Justice Muhammad Hashim Khan Kakar, Justice Salahuddin Panhwar and Justice Ishtiaq Ibrahim, in a judgment issued after hearing the case on August 11, accepted Abdul Razzaq’s jail petition and set aside the judgments and sentences passed by the subordinate courts.
The court observed that the prosecution primarily relied on the allegation that Abdul Razzaq had contacted the boy’s father by telephone and demanded Rs 10 million as ransom, which was subsequently settled at Rs 500, 000 after negotiations.
The Supreme Court noted that the money allegedly handed over to Abdul Razzaq was neither identifiable nor marked. Therefore, recovery of unmarked currency could not by itself constitute conclusive proof that it was ransom money, particularly when a land dispute also existed between the complainant and the accused.
The court held that although telephone contact between the accused and the boy’s father had been established, mere contact did not prove that ransom had been demanded. No voice recording of the alleged ransom conversation was produced before the court, leaving the actual content and nature of the calls unestablished.
The court also rejected the prosecution’s claim that the boy’s schoolbag, uniform and shoes were recovered on the accused’s pointation, observing that these were ordinary items and no identification parade was conducted by the boy or his father to establish their identity.
The Supreme Court further noted that prosecution witnesses had attributed the kidnapping to Abdul Razzaq along with other accused persons, who had already been acquitted due to weaknesses in the evidence. In such circumstances, the same ocular testimony could not safely be relied upon against Abdul Razzaq without independent and credible corroboration.
The court also found the prosecution’s claim regarding the boy’s alleged 17-day confinement questionable. The 13-year-old was medically examined on May 8, 2014, and was found healthy, physically and mentally fit, in normal condition and with all vital signs normal.
The court observed that prolonged illegal confinement of a minor would ordinarily be expected to leave some physical or psychological effects, but the boy’s apparently normal condition raised further doubt about the prosecution’s case.
Holding that the subordinate courts had failed to properly appreciate the evidence, the Supreme Court said the material contradictions, weaknesses and suspicious circumstances were sufficient to create reasonable doubt.
The court acquitted Abdul Razzaq of the charges and ordered his immediate release if he was not required in any other case.
Meanwhile, the Supreme Court also dismissed a petition filed by the boy’s father, Muhammad Arif, challenging the acquittal of the other accused, holding that the Lahore High Court had acquitted them after a proper appraisal of the evidence and that no interference was warranted.
