Law: Penal Code (XLV of 1860)

Section: 365-A/34/109/34

Penal Code (XLV of 1860)     Ss. 365 A/34 109/34 Appreciation of evidence Accused persons initially were not named in the F.I.R. One accused had been acquitted almost on the same evidence and his acquittal was not challenged One of the abductees had not identified the accused in Court and denied his statement made under S.164, Cr.P.C. Proceedings conducted by the Magistrate under S.164, Cr.P.C. were defective and unreliable and the same was the position of the identification parade proceedings Despite alleged encounter between the accused and the police no ammunition or crime empties were recovered from the place of incident, nor any arms and ammunition surrendered by the accused before the police was produced in Court Armoured vehicle allegedly hit by the bullets was not even produced in the Court Chains with which the abductee was fastened were also not shown to the Court Full precautions before recording confessional statements of accused were not taken Prosecution evidence was dishonest and discrepant No evidence was available on record to show that the accused had ever demanded any ransom amount or that it was paid to them Defence evidence was unanimous on the point that the accused were already in police custody and they were not released as they could not pay the money demanded by them Accused were acquitted in circumstances.   Qurban Ali H. Chohan for Appellants.   Ali Azhar Tunio, A.A. G. for the State. JUDGMENT GHULAM RABBANI, J.This judgment will dispose of the two Criminal Appeals bearing Nos.85 of 1996 and 93 of 1996 preferred by appellants Gul Muhammad, Rubdino alias Ayub and Anwar alias Anoo against the judgment, dated 7 3 1996 by Special Judge, Special Court No.1, S.T.A., Hyderabad in Special Case No.14 of 1993 registered under section 365 A read with section 109/34, P.P.C. convicting the appellants to suffer life imprisonment and forfeiture of their properties. 2. According to the prosecution the appellants alongwith co accused Ali, Roshan Shah and absconding accused Khair Muhammad, Yousuf and Porho duly armed with K.K. and Rifles, with common intention formed an unlawful assembly and abducted, Mir Khan Leghari, Alam…

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