Law: Pakistan Penal Code, 1860

Section: 34,365A

Law: Criminal Procedure Code (V of 1898)

Section: 161,164,173,342

Law: Anti Terrorism Act, 1997

Section: 7(1)(e),7(2)

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

Section: 22,129(g)

(a) Penal Code (XLV of 1860)--- ----Ss. 365-A & 34---Kidnapping for ransom, common intention---Appreciation of evidence---Benefit of doubt---Accused was charged for kidnapping the brother of complainant for ransom---Record showed that alleged abductee had stated in his statement that in the afternoon of 30.6.2015 he left his station in a taxi; after going a little ahead, the driver and rest of the three passengers armed with pistols and Kalashnikov suddenly got over him and blind folded him on board the taxi and chained him into a room of a house, where another person was brought and chained with him---Accused had demanded ransom of Rs. 30,00,000/- for his release and subsequently, he was released on 10.7.015 in lieu of payment of Rs. 13,00,000/- paid by his father as a ransom money---Prosecution had failed to produce the father of abductee to corroborate his statement---Statement of abductee without supporting evidence would be excluded from consideration, in circumstances---Accused after 13th day of his arrest, was put to a test of identification parade in presence of Judicial Magistrate---Accused was identified by abductee, but without any reference to the role allegedly played by him during the occurrence, due to which the identification parade had lost its value---Circumstances established that prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal was allowed and accused was acquitted, in circumstances, by setting aside conviction and sentence recorded by the Trial Court. Sabir Ali alias Fauji v. The State 2011 SCMR 563 and Muhammad Fayyaz v. The State 2012 SCMR 522 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 129(g)---Withholding of material evidence in criminal case---Effect---If a best piece of evidence available with a party was withheld by it, the presumption as enumerated under Art. 129(g) of Qanun-e-Shahadat, 1984 would come into play---Presumption would ultimately be drawn against the prosecution that the said witness(s) was/were not supporting the concerned party. (c) Penal Code (XLV of 1860)--- ----Ss. 365-A & 34---Criminal Procedure Code (V of 1898), S. 164---Kidnapping for ransom, common…

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