Law: Pakistan Penal Code, 1860

Section: 365,365A

Law: Criminal Procedure Code (V of 1898)

Section: 164

Law: Qanun-e-Shahadat (10 of 1984)

Section: 30,39,40,129(a)

Law: Anti Terrorism Act, 1997

Section: 7

(a) Penal Code (XLV of 1860)--- ----Ss. 365 & 365-A---Anti-Terrorism Act (XXVII of 1997), S. 7---Criminal Procedure Code (V of 1898), S.164---Qanun-e-Shahadat (10 of 1984), Art. 129(a)---Act of terrorism and kidnapping or abduction with intent secretly or wrongfully to confine a person---Appreciation of evidence---Charge, alteration of---Sentence, reduction of---Confession---Scope---No admission of guilt or conspiracy or intention to abduct any person was on record---No demand made or receipt of ransom by the accused or on his behalf was available---Prosecution witnesses had admitted that abduction took place while accused was driving vehicle---Statement of accused recorded under S. 164, Cr.P.C. was in fact an admission of facts---Accused had witnessed abduction in the same transaction and allowed abductee to be seated in the vehicle while accused was driving the said vehicle---Such admission of facts by the accused were relevant facts which would constitute the offence of abduction chargeable under S. 365, P.P.C.---Statement of accused recorded under S. 164, Cr.P.C. was retracted by him---Retracted confession should be voluntary, inculpatory and truthful---Defence was unable to point out any striking evidence to damage or diminish the effect of retracted confession with regard to voluntariness and inculpatory of the same---Statement of accused recorded under S. 164, Cr.P.C. was also corroborated by other direct or circumstantial evidence on material particulars and same could be relied upon---Time and place of arrest of accused along with vehicle which was identified by the eye witness of the crime and recorded in the 'Murasila' would lead to an adverse presumption against the accused when he was unable to explain his presence in the vehicle at the time of his arrest---Prosecution had failed to prove that any ransom was demanded by the accused party and same was paid for release of abductee---Prosecution had been unable to prove a case against the accused committing the offence carrying capital punishment under S. 365-A, P.P.C.---Prosecution evidence was clear with regard to factum of abduction of abductee by the accused party corroborated by the statement…

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