Law: Pakistan Penal Code, 1860

Section: 34,365A

Law: Anti Terrorism Act, 1997

Section: 7(e)

(a) Penal Code (XLV of 1860)--- ----Ss. 365-A & 34---Anti-Terrorism Act (XXVII of 1997), S. 7(e)---Kidnapping or abduction for extorting property, valuable security etc., common intention, act of terrorism---Appreciation of evidence---Delay of one day in lodging FIR---Effect---Delay in lodging FIR in cases for kidnapping for ransom was not fatal as it was quite common in such cases that initially family were busy looking for the abducted person and were in such a complete state of panic, fear and anxiety---Family member of the abducted person did not immediately consider lodging FIR as usually they were concerned with the safety of their loved one---Circumstances established that delay was not particularly long. (b) Penal Code (XLV of 1860)--- ----Ss. 365-A & 34---Anti-Terrorism Act (XXVII of 1997), S. 7(e)---Criminal Procedure Code (V of 1898), S. 103---Kidnapping or abduction for extorting property, valuable security etc., common intention, act of terrorism---Appreciation of evidence---Independent witnesses were not associated in the proceedings of arrest of accused---Effect---Private independent witnesses were not available late at night, thus non-associating private witnesses in the proceedings of arrest of accused persons was not fatal to the prosecution case---Ordinarily, people did not like to involve themselves in such criminal matters where they were to appear as witness against hardened criminals. (c) Penal Code (XLV of 1860)--- ----Ss. 365-A & 34---Anti-Terrorism Act (XXVII of 1997), S. 7(e)---Kidnapping or abduction for extorting property, valuable security etc., common intention, act of terrorism---Appreciation of evidence---Benefit of doubt---Prosecution case was that accused persons kidnapped the minor son of complainant for ransom---Record showed that many discrepancies, material contradictions, irregularities and unanswered questions were found in the case---Kidnapping, ransom demand, arrest of accused persons and recovery of abductee had happened within two days, which seemed to be improbable---No eye-witness to the kidnapping of minor was available with the prosecution---Mobile number was not mentioned in FIR, as to from where the…