karachi: Man acquitted
KARACHI: The ATC-I headed by Syed Hassan Shah Bukhari on Friday acquitted a man, Mohammad Tanveer, in a kidnapping for ransom case. Mohammad Tanveer was accused of kidnapping Mohammad Moosa and his colleague, Fozia Ali, on July 25, 2007 in North Nazimabad. After recording final arguments of the prosecution and defence counsel, the court observed that the prosecution could not establish its case against the accused whereas one of the victims and complainant turned hostile and the woman victim did not turn up to testify. The court also found contradictions in the statements of witnesses.
According to the charge-sheet, the accused, along with his absconding associate, had kidnapped Mohammad Moosa and Fozia Ali from the parking area of a restaurant, falling in the limits of North Nazimabad police station. The accused snatched their mobile phones and ATM cards and demadned Rs1 million for their release, it said.
It stated that the victims were being taken to some unknown place in a car which had to be stopped at the Numaish traffic signal. One of the victims managed to get off the car and raise hue and cry attracting attention of a mobile police team, also at the signal. Eventually, Tanveer was arrested though his companion, Mukhtar, managed to escape, the prosecution side claimed.
The case (FIR No.276/07) was registered against the accused under Section 365-A/34 of PPC read with Section 7 of the Anti–Terrorism Act at North Nazimabad police station on the complaint of Mohammad Moosa. Mukhtar was declared absconder in the case.
The defence counsel, during the court proceedings, argued that the complainant had turned hostile while Fozia Ali did not appear in court to testify. He further submitted that the deposition of the policemen examined by the prosecution should be considered as invalid since the key witnesses of the case did not testify.
The special public prosecution, Mohammed Khan Burirro, argued that although the complainant had turned hostile and the eyewitness had not testified, this did not damage the persecution`s case, insisting that seven prosecution witnesses were examined and their testimonies were valid since the accused was arrested red-handed.