Law: Pakistan Penal Code, 1860

Section: 365A,398

Law: Criminal Procedure Code (V of 1898)

Section: 161,173,340(2),342,382B

Law: Anti Terrorism Act, 1997

Section: 7(c)(e)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 365-A & 398--Anti-Terrorism Act, 1997, S. 7(c)--Conviction and sentence--Challenge to--Reappraisal of evidence--No identification parade--During cross-examination he conceded that no ransom was paid for his release--Testimony of abductee (PW) does not inspire confidence--Accused could not have left him like that--His medico-legal certificate could have brought some credibility to his version but he was not medically examined--Even person who helped him in getting home was neither produced before Investigating Officer nor Court during trial--No identification test parade was held in instant case--Prosecution alleged that when appellant and his co-accused were taking abductee (PW) they snatched tractor from "A" on their way to ease their journey but abandoned it when it got stuck up--Thereafter they boarded a boat near Pattan of Gabar Arain to cross Indus where some people had seen then--Neither "A" nor any person from aforesaid place was examined at trial--Prosecution heavily relies on testimony of (PW) for corroboration because he is stated to be servant of abductee and was allegedly present at Dera when he was abducted--His testimony is of little avail to it because he categorically admitted that accused had muffled their faces and he could not identify them--Previously police arrested two persons--Both of them were acquitted on same evidence--Appellant's case is sought to be distinguished from them on ground that he absconded--Question as to whether abscondence is a conclusive proof of guilt of an accused person has been debated by jurists in our country and there is a general consensus that it is not--On reappraisal of evidence that prosecution has not been able to prove its case against appellant beyond doubt--Held: It is a cardinal principle of criminal jurisprudence that in case of doubt its benefit must be extended to accused as of right and not as a matter of grace--Appeal was allowed. PLD 1976 SC 629, 2003 SCMR 611, PLD 2008 SC 298 & 2018 SCMR 772, ref. THIS JUDGMENT DELIVERED BY: TARIQ SALEEM SHEIKH, J.- The Appellant, Ghulam Shabbir alias Shabbira, was booked in case FIR No. 160/2003 dated…

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