Law: Penal Code (XLV of 1860)

Section: 365A,148,149

Law: Anti Terrorism Act, 1997

Section: 7

Law: Pure Food Ordinance, 1960

Section: 22,129(g)

(a) Penal Code (XLV of 1860) Ss.365A, 148 149AntiTerrorism Act (XXVII of 1997), S. 7QanuneShahadat (10 of 1984), Arts. 22 129(g)Kidnapping or abducting for extorting property, valuable security, rioting, rioting armed with deadly weaponAct of terrorismIdentification paradeWithholding best evidenceAppreciation of evidenceBenefit of doubtScopeAccused along with others were alleged to have abducted the nephew of the complainantSource of light mentioned in the FIR was neither taken into possession by the Investigation Agency nor produced before the Trial CourtAbductee had purportedly remained in detention for a period of about four months and during that period accused persons had been telephonically calling the complainant party to demand ransom but as per complainant, he did not remember the callers telephone number and he did not give the same to the police prior or post return of the abducteeAccused persons were not connected with any of the telephone numbers used by the culprits to demand ransom amount from the complainant partyAlleged abductee was not recovered from the custody of the accused personsInvestigation agency had even remained failed to have disclosure from the accused persons about the place where the abductee had remained confinedProsecution case was silent about the use of the foot moulds secured from the spot from which an inference could be drawn against credibility of the prosecution case under Art. 129 of the QanuneShahadat, 1984Age of the dummies was not given in the identification parade proceedings and both the accused persons were jointly subjected to the test identification paradeNo role was assigned to the accused persons by the witnesses during the identification paradeAccused persons could not be convicted on the basis of their alleged absconsionProsecution had failed to prove its case against the accused persons beyond the shadow of a reasonable doubt, in circumstancesAppeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860) Ss.365A, 148 149AntiTerrorism Act (XXVII of 1997), S. 7Kidnapping or abducting for extorting property, valuable security, rioting, armed with deadly weaponAct of terrorismRecovery of…

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