Law: Pakistan Penal Code, 1860

Section: 34,302,365A

Law: Pakistan Arms Ordinance, 1965

Section: 13(d)

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

Section: 40

Law: Anti Terrorism Act, 1997

Section: 7(e)

(a) Penal Code (XLV of 1860)--- ----Ss. 365-A & 34---Kidnapping for ransom---Several accused---Object of kidnapping the abductee for ransom could not be achieved without mentioning the role of each accused and that all accused had the same objective i.e. to kidnap the abductee for ransom---All the accused, in such a case, were liable for the same offence of kidnapping for ransom and same punishment. Khwaja Hasanullah v. The State 1999 MLD 514; State v. Farman Hussain PLD 1995 SC 1 and Noor Muhammed v. State 1999 SCMR 2722 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 365-A & 34---Anti-Terrorism Act (XXVII of 1997), S. 7(e)---Pakistan Arms Ordinance (XX of 1965), S.13(d)---Qatl-i-amd, kidnapping for ransom, common intention, act of terrorism, possessing unlicensed weapon---Appreciation of evidence---Delay of about twenty days in lodging the FIR---Effect---Record showed that abductee went missing on 27.1.2012---On the same day, complainant lodged missing report---Later on, Bhabi of complainant, on the same day, received a call on her mobile, demanding Rs.15 lac for the return of abductee---Negotiation with kidnappers started and ransom amount of Rs. six lac was settled---Uncle of abductee handed over Rs. six lac ransom to three of the accused, who told him that his nephew would be released; however, the abductee was not released and uncle of abductee received a call two days later from the kidnappers demanding a further ransom for the return of abductee---During said period, uncle of abductee was in contact with the Citizens Police Liaison Committee who had encouraged him to continue the negotiations so that they could try and trace the cell numbers of the kidnappers---On 15.2.2012, FIR was lodged---Early missing report indicated little chance of the FIR being concocted and the delay thereafter was caused by the family through uncle of abductee trying to negotiate for the return of abductee for which they even paid a ransom---Family of the abductee had tried with the assistance of the Citizens Police Liaison Committee to secure the return of the abductee on their own but when their effort failed FIR was got registered---Said circumstances had given sufficient…

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