Law: Anti Terrorism Act, 1997

Section: 7,7(e)

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Law: Pakistan Penal Code, 1860

Section: 302(b),365A

Anti Terrorism Act, 1997 (XXVII of 1997)-- ----S. 7--Pakistan Penal Code, (XLV of 1860), Ss. 302(b)/365-A--Kidnapping for ransom amount and murder--Last seen--identification parade--Recovery of Sim confirmed by call phone Data--Recovery of belongings of deceased girl--Hymen freshly ruptured--Swabs bore seminal traces without DNA identification--Appreciation of evidence--Death sentence converted into life imprisonment--Abductees/Deceased, 11, left home to attend school; she did not return at the expected time--A day passed by in search and finally the incident was reported--calls from two different cell phone numbers received whereby the unknown caller demanded ransom--The complainant alongside PW went to the designated place with the amount and dropped it--A dead body was spotted at about noon time identified by the complainant as that of his missing daughter--she was strangulated to death--Hymen was found freshly ruptured with tears on anal opening; swabs bore seminal traces without DNA identification--PW's saw the appellant dumping the corpse; both of them correctly identified the appellant under magisterial supervision, a process substantially flawless--Defence has not been able to impeach credibility of these witnesses--Evidence of the last seen is well within the remit of proximity of time and space--Recovery of articles constitutes another strong link particularly belongings including school bag as well as stationery items--Recovery of sim and generation of calls, received by the complainant, confirmed by cell phone data presents a formidable piece of evidence, based upon an automated system, immune from foreign interference--Investigative process and conclusion thereof inexorably points towards the appellant's culpability--Circumstances though few, nonetheless, are well synchronized, excluding every hypothesis of appellant's innocence--He has rightly been convicted--Prosecution's failure of DNA profile generation of rectal and vaginal swabs is a most grievous lapse that in retrospect makes out a case to visit the appellant with alternate penalty of imprisonment for life, therefore death penalty on all counts is altered to imprisonment for life on each.…

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