' ABDUL HAMEED DOGAR, J.--- This jail petition is directed against.Judgment, dated 27-10-2004 passed by learned Division Bench of High Court of Sindh, Karachi, whereby Criminal Appeal No,353 of 2003 filed by petitioner was dismissed, the conviction and sentence under section 365-A, P.P.C.
To imprisonment for life with forfeiture of properties awarded by the trial Court was maintained.
2. Brief facts as per case of prosecution are that abductee Dr. Imdad Hussain Kazi had a private clinic at Nao Goth Shikarpur Road. On 2-11-1993 at about 8-00 he left his clinic and proceeded towards his house when suddenly four persons came there. Two of them were armed with pistol while others were empty-handed. On pistol point they stopped the victim and controlled the car.
On hue and cry of victim P.W. Aijaz Hussain and Iqbal Ahmed attracted to the place of occurrence and saw the incident. Thereafter, culprits abducted victim and took him in the forest. They stayed in the forest for 2 days and on the 4th day they asked victim to write a chit to his son instructing him to pay Rs,10,00,000 and to meet with Pir Ali Shah. After eleven days victim was released by petitioner after receipt of ransom of Rs,7,00,000.
3. After usual investigation petitioner along with accused Shaman Shah, Liaqat, Ghulam Hussain and Ghulam Ali were sent up to face trial before trial Court. Accused Ghulam Ali and Shaman Shah absconded as such they were declared absconder and their trial was separated.
4. Dr. Imdad Kazi (P.W.2) and Aijaz Hussain Kazi (P.W.3) identified petitioner Zulfiqar Mako, accused Shaman Shah, Liaqat and Ghulam Ali in the identification test.
5. Prosecution in order to establish its case examined 10 witnesses in all.
6. In his statement recorded under section 342, Cr.P.C. Petitioner denied the case of prosecution and pleaded false implication. He neither opted to examine himself on oath as required under section 340(2), Cr.P.C. Nor led any evidence in his defence.
7. On conclusion of trial petitioner and co-accused Liaqat were convicted and sentenced as stated above whereas co-convict Ghulam Hussain was acquitted.
8. On appeal accused Liaqat was acquitted whereas conviction and sentence of petitioner was maintained by the learned High Court vide impugned judgment.
9. We have heard Mr. Suleman Habibullah, learned Advocate Supreme Court appearing on behalf of petitioner and Mr. Muhammad Sarwar Khan, learned Additional Advocate-General Sindh at length and gone through the record and proceedings of the case in minute particulars.
10. In this case prosecution has been able to bring on record testimony of abductee Imdad Hussain who in unequivocal terms has stated that he was abducted/kidnapped by the petitioner and others and was kept in captivity for 11 days where after was released after payment of ransom amounting to Rs,7,00,000. In evidence the chit written by abductee to his son demanding ransom was also brought on record and A got exhibited. Irrespective of above statement of abductee, complainant Muhammad Ali Qureshi Aijaz Hussain and Iqbal Ahmed have corroborated commission of the offence both on the point of abduction and as well as demand of ransom amount. From the evidence adduced on record ingredients of section 365-A, P.P.C. Are fully attracted in this case, as such, we do not find any lacuna in the impugned judgment, which is accordingly maintained. The petition being devoid of force is dismissed and leave to appeal refused.