Law: Penal Code (XLV of 1860)

Section: 344,365-A

Law: Anti Terrorism Act, 1997

Section: 7(e)

Penal Code (XLV of 1860)--- ----Ss. 344 & 365-A---Anti-Terrorism Act (XXVII of 1997), S. 7(e)---Kidnapping for ransom, act of terrorism---Reappraisal of evidence---Notice issued by the Supreme Court to accused persons against their acquittal by the High Court, discharge of---Record showed that accused persons were not the ones who had abducted the alleged abductee---Alleged abductee had not been recovered from the custody of accused persons---According to the prosecution the accused persons were merely present outside a car at a public place with others at the time the payment of ransom was made---Statement of witness produced by the prosecution regarding payment of ransom was discarded by the High Court for cogent reasons---Alleged recovery of some cash from one of the accused was legally inconsequential because the recovered cash never stood connected with the alleged offences---Present case originated in the year 2003 and accused persons were acquitted by the High Court in the year 2005---No appeal against their acquittal had been filed before the Supreme Court either by the State or by the complainant party---About twelve (12) years had already passed since the acquittal of accused persons--- Evidence brought on the record by the prosecution against the accused persons was deficient and, thus, no useful purpose was likely to be served by persisting with the notice issued by the Supreme Court against their acquittal---Supreme Court discharged the notice issued by it to the accused persons vis-a-vis their acquittal and the bail bonds and sureties furnished by them were also discharged---Appeal was disposed of accordingly. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, JUSTICE:---.---Rustam appellant and some others had allegedly abducted one Syed Raza Abbas Zaidi on 30.08.2003 for the purpose of extracting ransom and for commission of the said offence they were booked in case FIR No. 226 registered at Police Station Darakhshan, District Clifton Town, Karachi on 31.08.2003 in respect of an offence under section 365-A, P.P.C. After a regular trial Rustam appellant and his two co-convicts namely Asif Hussain and Salah-ud-Din were convicted and sentenced…

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