Law: Pakistan Penal Code, 1860

Section: 365A

Law: Criminal Procedure Code (V of 1898)

Section: 417

Law: Anti Terrorism Act, 1997

Section: 6(2)(e),25

Penal Code (XLV of 1860)--- ----S. 365-A---Anti-Terrorism Act (XXVII of 1997), Ss. 6(2)(e) & 25---CriminalProcedure Code (V of 1898), S. 417---Kidnapping for ransom---Appeal against acquittal---Appreciation of evidence---Death of abductee---Forensic evidence---Authorities assailed order passed by Trial Court under S. 265-K, Cr.P.C. where accused were acquitted of charge of murder of abductee after kidnapping---Authorities contested that extra-judicial confession of accused as well as recovery of dead body of abductee upon pointing of accused were sufficient grounds for conviction---Validity---Extra-judicial confession as well as confession of accused persons revealed discovery of new facts as well as discovery of remains of abductee---Forensic Science Laboratory report received in negative had diminished evidentiary value of both extra-judicial confession and confessional statement of accused---Such statements were not recorded voluntarily, otherwise accused could have pointed out exact grave of deceased and discovered remains which could have matched with blood relations---Case of prosecution was doubtful and Trial Court while delivering order of acquittal had rightly extended benefits of such doubts in favour of accused and rightly they were acquitted of the charge---Accused, after acquittal earned presumption of double innocence and acquittal orders were not interfered with until and unless it was proved on record that same was perverse, contrary to record, fanciful and not sustainable---High Court declined to interfere in passed by Trial Court as same was neither perverse, fanciful nor ridiculous or contrary to record rather same was based on proper appraisal of material available on record---Appeal was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, JUSTICE:---.--- This judgment disposes of Criminal Acquittal Appeal No.302 of 2013 filed by the State through Additional Prosecutor General (ATA), against the judgment dated 17th September, 2013 (hereinafter referred as, "the impugned judgment") passed by learned Special Judge Anti-Terrorism Court-II Quetta (hereinafter referred as, "the trial Court"), whereby the accused…

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