Law: Pakistan Penal Code, 1860

Section: 34,365A

Law: Criminal Procedure Code (V of 1898)

Section: 103

Law: Anti Terrorism Act, 1997

Section: 7

Penal Code (XLV of 1860)--- ----Ss. 365-A & 34---Anti-Terrorism Act (XXVII of 1997), S.7---Criminal Procedure Code (V of 1898), S.103---Kidnapping for ransom, common intention---Act of terrorism---Appreciation of evidence---No eye-witness of the alleged kidnapping, except complainant, whose testimony required independent corroboration---No eye-witness had been cited for alleged demand of/or payment of ransom amount to accused persons---Accused was neither present nor involved in the abduction/kidnapping of the complainant nor receiving of ransom amount---Ransom as alleged, had been demanded and paid via cellular, but nothing was on record with regard to the cell data record---Absence of said evidence, would create doubt---Alleged hiring of taxi, from taxi stand when normally other taxi drivers and the public would be roaming there, but no private person had been cited as a witness which was violation of mandatory provisions of S.103, Cr.P.C.---Inordinate delay in lodging of FIR, was not plausibly explained---Series of contradictions in the statements of the prosecution witnesses, cast reasonable doubts---Conviction and sentence awarded to accused, were set aside and accused was directed to be released forthwith, in circumstances. Azeem Khan and another v. Mujahid Khan and others 2016 SCMR 274 and 1993 SCMR 550 ref. THIS JUDGMENT DELIVERED BY: AFTAB AHMED GORAR, J. Juma Khan son of Abdul Khalique assailed impugned judgment dated on 05-11-2016 delivered by the learned Judge Anti-Terrorism Court No. III, Karachi in Special Case No. 162 of 2011, bearing FIR No. 235 of 2011, Police Station Bin Qasim Town Karachi, registered under Sections 365-A and 34 Pakistan Penal Code; whereby appellant was found committing an offence fallen under Section 7(i) (e) Anti-Terrorism Act. 1997 read with Section 365-A Pakistan Penal Code, and convicted appellant under Section 365-H(2), Cr.P.C. and sentenced appellant to undergo life imprisonment with rigorous imprisonment; benefit of Section 382-b, Cr.P.C. was also extended in favour of the appellant. 2. Summarized facts as stated are that appellant together with co-accused on the eventful day hired Car maker Toyota Corolla Model…

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