Law: Pakistan Penal Code, 1860

Section: 148,149,201,365A

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

Section: 22

Law: Criminal Procedure Code (V of 1898)

Section: 161,164,340(2),342,382-B

Law: Anti Terrorism Act, 1997

Section: 7,7(e),21-L

(a) Penal Code (XLV of 1860)--- ----Ss. 365-A, 201, 148 & 149---Anti-Terrorism Act (XXVII of 1997), Ss. 7 & 21-L---Kidnapping or abduction for extorting property, valuable security etc., causing disappearance of evidence of offence, or giving false information to screen offender, rioting armed with deadly weapon, unlawful assembly, act of terrorism, absconsion---Appreciation of evidence---Benefit of doubt---Accused were charged for abducting complainant and his companion for ransom and after receiving ransom, they were released---Motive of the occurrence was that a quarrel took place earlier between a goldsmith and co-accused and the complainant helped the injured in getting medically examined from hospital as a result of which co-accused was sent to jail---Co-accused used to extend threats on telephone and he nourished grudge---Prosecution case revolved around the statements of the abductees---Abductees had saddled the accused-appellant with the responsibility of being present at the place of confinement when they were brought there by the co-accused---Abductees had statedly identified the accused-appellant in an identification parade held after six years of the occurrence---Prosecution failed to produce the Call Data Record of witness or any voice recorded transcript of any conversation between the abductors and the witness---Failure of prosecution to produce the Call Data Record of the cell phone of the witness forced to disbelieve the said witness---Similarly, complainant had stated in his examination-in-chief that the accused settled the ransom amount with his brother on telephone---Witness had further stated that the accused-appellant told him about the payment of ransom---No doubt the allegation was that the ransom amount was paid on 23.05.2009 and the abductees were released on the same evening, but considering the same in the given circumstances a doubt was created in the prosecution case, the benefit of which could not be denied to the accused-appellant--- Circumstances established that prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal was allowed and accused was acquitted by setting aside…

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