Law: Pakistan Penal Code, 1860

Section: 148,149,365A

Law: Criminal Procedure Code (V of 1898)

Section: 367

Law: Constitution of Pakistan, 1973

Section: 9,10(1)

Law: Anti Terrorism Act, 1997

Section: 7,10(11-A),21-L

Penal Code (XLV of 1860)--- ----Ss. 365-A, 148 & 149---Anti-Terrorism Act (XXVII of 1997), Ss. 7 & 21-L---Criminal Procedure Code (V of 1898), S. 367---Kidnapping or abduction for extorting property, valuable security etc., rioting armed with deadly weapon, unlawful assembly, act of terrorism---Conviction and sentence in absentia---Language of ---Appreciation of evidence---Benefit of doubt---Prosecution case was that accused and others abducted three persons of complainant party for ransom---Challan of the case was submitted by the police placing the name of accused therein to be one of the absconding accused---All the accused were acquitted of the offence/charge, however trial court convicted and sentenced the accused under S. 21-L of Anti Terrorism Act, 1997 which entailed punishment of imprisonment and fine---No fine was imposed upon the accused but his movable and immovable property was forfeited by trial court, which was not permissible at law and as such, could not be approved---No charge or point for determination for the offence punishable under S. 21-L of Anti-Terrorism Act, 1997 was framed against the accused; nor evidence in that respect was recorded---No decision in that respect was arrived at by trial court---Conviction and sentence recorded against the accused being violative of S. 367, Cr.P.C. could not be sustained---Accused had been convicted and sentenced for the offence under S. 21-L of Anti Terrorism Act, 1997 in cursory manner by trial court by adopting the procedure, which was violative of Arts. 9 & 10(1) of the Constitution---Accused was acquitted by setting aside conviction and sentence recorded by the trial court, in circumstances. Arbab Khan v. The State 2010 SCMR 755 ref. Mir Akhlaq Ahmed and others v. The State 2008 SCMR 951 rel. THIS JUDGMENT DELIVERED BY: IRSHAD ALI SHAH, J.--- The appellant by way of instant appeal has impugned the conviction and sentence awarded to him by learned Judge, Anti-Terrorism Court, Jacobabad, by way of judgment dated 23.06.2010 which inter alia reads as under:-- "I am satisfied with the deliberate abscondance of accused Qadir Bux alias Baboo son of Rahim Bux by caste Tunio, Babloo son of…

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