Law: Pakistan Penal Code, 1860

Section: 34,109,147,148,149,324,353,365A

Law: Criminal Procedure Code (V of 1898)

Section: 42,161,164,342,417,417(2)

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

Section: 22

Law: Pakistan Arms Ordinance, 1965

Section: 13(d)

(a) Penal Code (XLV of 1860)--- ----Ss. 365-A, 109, 34, 324, 353, 147, 148 & 149---Pakistan Arms Ordinance (XX of 1965), S. 13(d)---Criminal Procedure Code (V of 1898), S.417(2)---Kidnapping or abduction for extorting property, valuable security, abetment, common intention, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, rioting, rioting armed with deadly weapon, unlawful assembly, possessing illicit weapons---Appreciation of evidence---Delay of about sixteen days in lodging the FIR---Effect---Record showed that incident took place on 21.4.2012---Facts remained that the distance in between the place of incident and the police station was about three kilometres, but the FIR was lodged on 7.5.2012 with a delay of about sixteen days---No plausible explanation had been furnished by the prosecution for such delay, which was fatal to the prosecution case. (b) Penal Code (XLV of 1860)--- ----Ss. 365-A, 109, 34, 324, 353, 147, 148 & 149--- Pakistan Arms Ordinance (XX of 1965), S.13(d)---Criminal Procedure Code (V of 1898), S. 417(2)---Kidnapping or abduction for extorting property, valuable security, abetment, common intention, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, rioting, rioting armed with deadly weapon, unlawful assembly, possessing illicit weapons---Appreciation of evidence---Appeal against acquittal---Prosecution case was that the accused persons-respondents kidnapped the victim for ransom---Police received spy information that kidnapee was made to sit by seven armed persons under the tree of a graveyard---Police reached there, but the culprits started firing straight upon the police party---Police party also fired and arrested four accused, whereas the remaining three succeeded to run away---Police recovered weapons from the arrested accused---Trial Court acquitted the accused persons---Validity---Record showed that the accused were not nominated in the FIR---Accused were arrested on 20.5.2012 after encounter with police---Repeater .12-bore with magazine and three T.T. pistols .30-bore with magazines were recovered from the arrested…

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