Law: Pakistan Penal Code, 1860

Section: 34,324,353,391,365A

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

Section: 22,38

Law: Anti Terrorism Act, 1997

Section: 7(e)

(a) Penal Code (XLV of 1860)--- ----Ss. 365-A, 324, 353, 391 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7(e)---Qanun-e-Shahadat (10 of 1984), Art. 22---Kidnapping or abduction for extorting property, valuable security, etc., attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, dacoity, common intention, kidnapping for ransom---Appreciation of evidence---Identification parade---Necessity---Prosecution case was that accused persons had abducted the complainant, his son and driver---Complainant escaped himself from the custody of accused persons and police succeeded in rescuing the driver after encounter with the accused persons but the culprits had taken away his son and thereafter demanded ransom---Accused persons were not known by the complainant---FIR was lodged against unknown persons---Holding of identification test was essential in the present case---Record showed that identification parade was held jointly and conducted in piece meals but law required and insisted that identification parade of each accused should be conducted separately---Complainant and his son being abductees had participated in the joint identification parade but the third abductee/driver had not participated in the identification parade---Absence of third abductee in the identification parade had not been explained by the prosecution---Complainant had identified the accused persons in first episode of joint identification parade---Son of complainant being abductee had identified the accused persons in the second joint identification parade, which was conducted after more than two months of the first identification parade---Record was silent as to what measures were taken to keep the accused persons away from the access of witness till the second identification parade---Judicial Magistrate who supervised the identification parade had admitted that at the time of identification parade, accused persons had complained that they had been shown to the witnesses at the police station---Magistrate had admitted that dummies were not wearing the same colour dress and were not of same age or height and the features---Mere picking of…

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