Law: Pakistan Penal Code, 1860

Section: 365A,34

Law: Anti Terrorism Act, 1997

Section: 7(e)

Penal Code (XLV of 1860)--- ----Ss. 365-A & 34---Anti-Terrorism Act (XXVII of 1997), S.7(e)---Kidnapping for ransom, common intention, act of terrorism---Appreciation of evidence---Unexplained inordinate delay of about thirty two hours in lodging FIR, had caused eye brow-raising and signals at the mala fide of the complainant, which did no good to prosecution case---Prosecution witness did not corroborate the contents of FIR to the effect that he and his co-witness allegedly had seen alleged abductee in the company of accused---Minor/alleged abductee nowhere alleged in his testimony that he was kidnapped by accused, while holding a 'chhura' in his hand---Complainant had admitted that his minor son/abductee, on return to the house, did not bear any mark of violence/torture on his body---Police did not collect any call-data of cell-phone/SIM during investigation---Complainant, had admitted in his testimony to have some money dispute with the father of accused, on account of which he had lodged a criminal case against him regarding "dishonour of cheque"---Kidnapped child, did not paint an unblemished picture qua the prosecution case as testimonies in the case were inconsistent, discrepant and contradictory inter se, besides entailing countless improbabilities---Case with regard to involvement of accused appeared to be a cock and bull story---Conviction of accused and sentence, could not be maintained on quality of evidence---Conviction and sentence, awarded to accused by the Trial Court, were set aside, he was acquitted of the charge, and was released, in circumstances. JUDGMENT SHAHID HAMEED DAR, J.---Bilal Hussain-appellant was held guilty under section 365-A/134 P.P.C. and under section 7(e) of the Anti-Terrorism Act, 1997, by the learned Judge, Anti-Terrorism Court No.1, Gujranwala, vide judgment dated 30-4-2012 and sentenced as under:-- (I) Under section 365-A/34, P.P.C.: to imprisonment for life with forfeiture of his property. (II) Under section 7(e) of ATA, 1997: to imprisonment for life with forfeiture of his property. All the sentences were ordered to run concurrently with benefit of section 382-B, Cr.P.C. His co-accused, Muhammad Waris and Muhammad…

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