Law: Pakistan Penal Code, 1860

Section: 302(b),365A

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Law: Anti Terrorism Act, 1997

Section: 7(e)

(a) Criminal trial--- ----Evidence---Nature and volume evidence required to establish the charge---People seldom fell prey to crimes under ideal circumstances, therefore, it was unrealistic to insist for or expect choice uniform pieces of evidence in every criminal case---What was to be essentially seen was whether prosecution was able to come forward with the available evidence, possible under the circumstances of the case and that whether such volume or nature of evidence was sufficient to sustain the charge. (b) Penal Code (XLV of 1860)--- ----Ss. 365-A & 302(b)---Anti-Terrorism Act (XXVII of 1997), S. 7(e)---Kidnapping for ransom, qatl-i-amd, act of terrorism---Reappraisal of evidence---Conviction under S. 302(b), P.P.C maintained, while that under S. 365-A, P.P.C. and S. 7 of Anti-Terrorism Act, 1997 set aside---Prosecution was able to constitute a chain of circumstances, link by link, through last seen evidence, occupation of premises, recovery of electric wire and ropes, employed by the accused and co-accused to cause death of deceased confirmed as asphyxial and, thus argument that there was no evidence for a guilty verdict did not hold much water---Family of deceased had no axe to grind against the accused, who was deceased's best friend, and therefore there was no reason to swap him with the real offender---Exclusive knowledge of accused regarding different aspects of the occurrence was a piece of evidence inexorably pointing upon his culpability---Set of circumstances of the present case equally pointed towards the guilt of co-accused as well---Accused and co-accused could not escape the consequences of deceased's murder on the strength of bald denials, supported by inconsequential defence---Convictions as well as sentences of accused and co-accused for the offence of qatl-i-amd [section 302 (b), P.P.C.] were maintained, however, no evidence was available on record to frame them with the charge of abduction for ransom, even obliquely, as there was no proof that communication by the anonymous caller demanding ransom was actually made by the accused and co-accused---Phone data provided was without positive proof about the caller or subscriber of…

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