KARACHI, July 27: Judicial Magistrate Karachi East Ghulam Farooq Shiekh allowed an acquittal application of four persons and acquitted them from kidnapping charges.
Mohammad Irshad, Ms Seema Ansar Qidwai, Mohammad Ansar Qidwai and Abrar Qidwai were arrested on charge of kidnapping a 10-year-old boy Anzar from Korangi area on May 28, 2003.
Defence counsel argued that their clients were falsely implicated in the case. He said abductee is the real son of co-accused Ansar Qidwai who is ex-husband of the complainant of the case Ms Sarwar Jehan and it is not possible that a father may kidnap his son.
He contended that abductee itself stated before court that he was not kidnapped. He submitted that the prosecution had miserably failed to produce any witnesses to prove the guilt against the accused.
State's counsel opposed the submission of the defence on ground that prosecution witnesses are necessary to be examined. The court after hearing the arguments of the counsels observed that complainant filed false and fictitious FIR against the accused as complainant is the ex-wife of the Ansar Qidwai and real mother of Abrar Qidwai and abductee Anzar and she did it just only to harass the accused.
"When the abductee himself denies his abduction by accused Ansar and Abrar, how can the prosecution be able to prove the charge against the accused," the court observed.
The court order said," In view of above facts and circumstances, I am of the view that charge is groundless and there is no probability of the accused being convicted if the case is proceeded further. Consequently, the application under section 249-A Cr PC is allowed and all the accused are acquitted by extending them the benefit of doubt." -PPI
