Law: Pakistan Penal Code, 1860

Section: 148,149,215,324,353,364,365A,506(2)

Law: Criminal Procedure Code (V of 1898)

Section: 154,161,164,342,491

Law: Qanun-e-Shahadat (10 of 1984)

Section: 22

(a) Penal Code (XLV of 1860)--- ----Ss. 365-A, 148 & 149---Kidnapping or abduction for extorting property, valuable security etc., rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused and co-accused armed with Kalashnikov and gun kidnapped two persons for ransom---Name of accused did not appear in the FIR---No evidence was available to show that accused had kidnapped abductees for ransom but only allegation against him was that he had received ransom amount but time and place of payment had not been established---Accused was not put to identification through witnesses after his arrest---No ransom amount was recovered from him during investigation--Both abductees did not implicate accused that he kidnapped them for ransom and received amount---Only piece of evidence collected against accused was that he was identified by prosecution witnesses before the Trial Court after five years of the incident---Identification of accused before the Trial Court was not safe for conviction---Evidence showed that 30-bore pistol was recovered from accused during investigation---Accused had faced trial under the Arms Ordinance before the Judicial Magistrate but had been acquitted in that case--- Admittedly, four co-accused were acquitted on the same set of evidence---Conviction of the accused on same set of evidence without independent corroboration was unwarranted in law---Evidence showed that there were material contradictions in the prosecution case with regard to the place of incident, place of payment of ransom and other particulars of the case---Allegedly, during the captivity of the abductees in jungle there was a police encounter but none received injury from either sides which clearly showed that prosecution story was unbelievable and unnatural---After release from accused, abductees did not go to the police station for fifteen days for recording their statements, which created serious dent in the prosecution case---In the present case, identification parade was held by Magistrate while ignoring the legal formalities---Record showed that before holding of identification parade, accused…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492