Law: Pakistan Penal Code, 1860

Section: 34,365A

Law: Anti Terrorism Act, 1997

Section: 7(e)

(a) Penal Code (XLV of 1860)--- ----S. 365-A & 34---Anti-Terrorism Act (XXVII of 1997), S. 7(e)---Kidnapping or abducting for extorting property, valuable security, common intention, act of terrorism---Appreciation of evidence---Benefit of doubt---Prosecution case was that minor son of complainant was abducted by two unknown persons for ransom and was recovered in a raid from the house of accused persons---Entire prosecution case was based on the evidence of complainant, his father and alleged abductee, which were not enough to make basis for conviction of the accused persons---Complainant failed to mention the mobile number from which demand of ransom amount was made to him and did not mention the amount of ransom that had been demanded by the accused persons---Specific date and time when he was telephoned for the payment of ransom was also not mentioned---Complainant simply narrated the story of abduction of his son which story was narrated to him by his brother---Statement of said brother of complainant was withheld by the prosecution and he was not produced as witness nor had been associated in the investigation in order to bring on record as to who had narrated the story of minor to his brother---Complainant had stated nothing about the recovery of his son by the police from the house of accused persons; he had admitted that accused persons were his close relatives; that they used to visit the houses of each other; that abductee used to stay in the house of accused persons; that when his son was missing, he did not enquire from the house of accused persons and that he lodged the report on the basis of suspicion---Grand father of abductee had recorded his statement in line to the statement of complainant but had not specifically levelled any allegation against the accused persons---Circumstances established that prosecution had failed to prove the charge against the accused persons---Accused persons were acquitted in circumstances by setting aside the conviction and sentences recorded by the Trial Court. (b) Penal Code (XLV of 1860)--- ----S. 365-A & 34---Anti-Terrorism Act (XXVII of 1997), S. 7(e)---Kidnapping or abducting for extorting property,…

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