1. ' S.A. RABBANI, J.--- At midnight between 11-3-1992 and 12-3-1992 F.I.R. No,25 of 1992 was registered at Police Station Dhamrah Larkana mentioning an incident that took place on that night at 23-00 hours at Lal Wah Bridge on Larkana Naudero Road, in which about 15/16 culprits, armed with weapons including Rocket Launcher, stopped the vehicles on the road and abducted two passengers to extract ransom and they also fired causing injuries to one person. The case was sent up for trial before Special Judge for Suppression of Terrorist Activities, Larkana who after trial convicted Qurban, Shahu, Qalander Bux and Ali Hassan under section 365-A read with section 149, P.P.C. As well as under sections 307/324, P.P.C. And awarded imprisonment for life and R.I. For 5 years aiongwith fine. The convicts Qurban, Qalander Bux, Ali Hassan and Shahu challenged their conviction and sentence through these appeals filed by them.
2. ' Since the appeals are in respect of the common judgment, they may be disposed of together. Mr. Muhammad Ayaz Soomro, learned counsel for the appellant Ali Hassan, contends that there is no evidence against him beyond his identification which was held in November, 1992, after 8 months of the incident. He points out that the Magistrate, Sikander Ali, Assistant Mukhtiarkar, has admitted the defects in his conduct of the identification parade.
3. ' Mr. Abdul Fatah Mughal learned State Counsel submits that the name of this appellant appears in the F.I.R. Lodged by complainant H.C. Nazir Hussain.
4. ' According to the F.I.R., the incident took place in the month of November, at 23-00 hours, and the culprits were 15/16 in number and they were firing with weapons, including Rocket Launcher.
5. Although the complainant has named 11 culprits in the F.I.R., including the appellant Ali Hassan, but it is not free from doubt that in these circumstances, at that time, he had an opportunity to identify all those persons. The complainant has also named in the F.I.R. One Naban Mirbahar but the trial Court has not believed his evidence in respect of identification of this Naban. P.Ws. Manzoor and Zamir Ali have not supported the plea of identification. Zamir Ali is one of the persons who were kidnapped by the culprits, but he said he did not identify any of the appellants as one of the culprits. Beyond identification, there is no other evidence of any sort to connect the appellant Ali Hassan with the offence, who was arrested after about 8 months of the incident.
6. ' About appellant Qalander Bux, Shahan and Qurban, there is no evidence beyond identification and their names were also not mentioned in the F.I.R. The trial Court has, itself observed that the accused persons were arrested in this case, after investigation and identification parade and the trial Court has recommended an action against the Investigating Officer for his improper conduct.
7. One Uris driver was also kidnapped by the culprits according to the case of prosecution, but it is not mentioned as to why this witness was not examined before the trial Court. The trial Court has based conviction of Qurban, Shahu and Qalander Bux only on the testimony of A.S.-I. Zahid Hussain and H.C. Nazir Hussain in respect of identification. It has been observed that their evidence has been corroborated by the circumstantial evidence, but it has not been explained as to what is the circumstantial evidence that corroborates the evidence in respect of the identification.
8. ' In view of the abovementioned facts, the evidence produced by the prosecution before the trial Court against the appellants was too inadequate to base conviction. The case was not proved beyond doubt and, therefore, the conviction and sentences awarded to the appellants cannot be mainainted. The appeals are accordingly allowed. Convictions and sentences are set aside. The appellants be released forthwith in this case.