Law: Penal Code (XLV of 1860)

Section: 365-A,302(b),365-A,368,201,120-A,109,34

Law: Anti Terrorism Act, 1997

Section: 7

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

Section: 22,129(g)

(a) Penal Code (XLV of 1860)--- ----S. 365-A---Kidnapping for ransom---Scope---Responsibility and liability of each accused---Scope---If all the accused played their designated role the kidnapping for ransom could not have been achieved and would have failed then each accused involved in the kidnapping for ransom bore equal responsibility and liability for the offence. (b) Criminal trial--- ----Heinousness of offence---Effect---Scope---Court was to decide the guilt or innocence of the accused by dispassionately assessing the evidence and coming to a decision which is supported by the evidence on record and the governing law and not by emotions or own personal feelings---Court could only be guided by the evidence and the law and nothing else. Azeem Khan v. Mujahid Khan 2016 SCMR 274 rel. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b), 365-A, 368, 201, 120-A, 109 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, kidnapping or abduction for ransom, wrongfully concealing or keeping in confinement, causing disappearance of evidence of offence, abetment, common intention, act of terrorism---Appreciation of evidence---Sentence, reduction in---Criminal conspiracy---Scope---Accused were charged for kidnapping the husband of complainant for ransom through a pre-planned conspiracy, however, when the ransom demands were not met the abductee was murdered by the accused with video recording of his execution---Record showed that there was no evidence that any of the accused were present and that any conspiracy/ plan was made to abduct deceased---No evidence was found to prove that either accused or any other accused hatched a conspiracy to kidnap the deceased for ransom in room of the Hotel within the meaning of S. 120-A, P.P.C. and thus all the accused were acquitted of the charge---Circumstances established that the prosecution had failed to prove the charges against all the accused persons except one accused---Appeals were allowed and all the co-accused persons were acquitted of all charges except said accused who was only convicted under S.362, P.P.C. and as such sentenced was to seven years, in circumstances. (d) Penal Code (XLV of 1860)--- ----Ss. 302(b),…

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