Law: Anti Terrorism Act, 1997

Section: 7(c)

Law: Penal Code (XLV of 1860)

Section: 365-A

Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----S. 7(c)--Pakistan Penal Code, (XLV of 1860), S. 365-A--Conviction and sentence--Challenge to--Acquittal of--Abduction for rensum--Non-participation in proceedings of identification parade--Evidentiary value--Recovered notes were not marked and serial numbers were also not recorded--No call data was collected for establishment of conversation of abductee with lady accused--Delayed, contradictory and improved statements of PWs--Entitlement for benefit of doubt--Muhammad Athar complainant PW-6 and Shafee Ullah PW-8 who statedly had handed over ransom amount Rs. 13-lacs to appellant did not participate in the proceedings of identification parade--It is very hard to believe that abductee would not have visited police station where appellant was confined before identification parade, hence proceedings of identification parade has lost its evidentiary value--No call data has been collected to establish allegation of conversation abductee with lady accused--Contradictory and improved statements of is neither plausible nor believable--It is settled principle of law that for giving benefit of doubt, it is not necessary that there should be many circumstances creating doubt--If there is a circumstance which creates reasonable doubt in prudent mind about guilt of accused, then he would be entitled to its benefit not as a matter of grace or concession, but as of right--Appeal was accepted. 2009 SCMR 230 ref. JUDGMENT Sadaqat Ali Khan, JUSTICE.--The instant Criminal appeal has been filed by Nazir Ahmad appellant against (his conviction) judgment dated 28.03.2013 passed by learned Trial Court, according to which, the appellant (Nazir Ahmad) was convicted and sentenced as under :- i. U/S. 365-A, PPC: He was convicted and sentenced to imprisonment for life with forfeiture of his property in favour of State. ii. U/S. 7 (e) Anti-Terrorism Act, 1997;- He was also convicted and sentenced to imprisonment for life with forfeiture of his property in favour of State. All the sentences were ordered to be run concurrently with benefit of Section 382-B, Cr.P.C. in case FIR No. 1450 dated 20.12.2010 under Section 365-A, PPC Police Station…

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