Law: Pakistan Penal Code, 1860

Section: 365-A

Law: Anti Terrorism Act, 1997

Section: 7(e)

Penal Code (XLV of 1860)-- ----------S. 365-A --------- Anti-Terrorism Act (XXVII of 1997), S. 7(e) --------- Kidnapping for ransom --------- Appreciation of evidence --------- Ransom money--¬Proof --------- Complainant stated that he was asked to stop the car and bring shopping bag outside the window of car, one person went there and took shopping bag --------- Complainant stated that his son disclosed names of culprits and he had seen face of that person who had taken shopping bag containing, amount of ransom --------- Accused persons were convicted by Trial Court and sentenced to imprisonment for life --------- Validity --------- For handing over ransom amount to accused, there was only evidence of complainant even driver of his car or anybody else was not examined regarding payment of Rs. 12,00,000 to accused --------- Complainant had seen accused who had taken money, first time at police station but Investigating Officer did not hold identification parade whereas abductee stated that such person remained employee of complainant --------- All accused persons were arrested on 20-06-2011 by Anti-Car Lifting Cell and TT pistols were recovered from four accused persons --------- Two accused produced certified copy of application under S. 491, Cr.P.C., filed by their relatives on 18-06-2011 claiming them to have been illegally detained at Crime Investigating Agency Center but due to leakage of order of raid police officials concealed accused persons and showed their arrest and recovery on 20-06-2011 --------- As such arrest of accused persons and recovery of pistols from them was doubtful --------- Many contradictions and exaggerations existed in evidence which were not considered by Trial Court while deciding case of appellants --------- Prosecution failed to prove in case against accused persons beyond shadow of reasonable doubt --------- High Court set aside conviction and sentence awarded by the Trial Court and acquitted all the accused of the charge --------- Appeal was allowed in circumstances. Muhammad Tufail v. The State 2013 SCMR 768 and 2012 SCMR 538 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD IQBAL MAHAR, JUSTICE:--------- These five appeals are…

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