Law: Pakistan Penal Code, 1860

Section: 365A

Law: Anti Terrorism Act, 1997

Section: 7(e)

(a) Penal Code (XLV of 1860)--- ----S. 365-A--- Anti-Terrorism Act (XXVII of 1997), S. 7(e)---Kidnapping or abduction for extorting property, valuable security etc., act of terrorism---Reappraisal of evidence---Case based on confessional statement of accused---Once prosecution opted to rely upon a confessional statement of an accused to his detriment it must come forward with the disclosure above all suspicions and taints---Occurrence took place in February 2002, whereas the appellant statedly made his confessional statement months later on 27-6-2002---Confessional statement spreading over four hand written pages was strangely elaborate and exhaustive; it was more of an elaborative statement to cater for the needs of the prosecution than a declaration of guilt by a remorseful or repentant offender---Argument that such a detailed narrative could neither be voluntary nor spontaneous was not entirely without substance---Confessional statement of accused could not be favourably received without being imprudent for another reason; it had been disbelieved qua eight co-accused persons---Furthermore findings recorded by the medical officer with regard to cause of death were not in line with the details purportedly furnished by the accused--- Prosecution case against the appellant was not free from doubt and thus it would be un-safe to maintain his conviction---Appeal was allowed and accused was acquitted of the charge. (b) Criminal trial--- ----Confessional statement of accused, reliance upon--- Scope---Confessional statement had to be received holistically without quantification; once it was found unreliable qua majority of the co-accused persons notwithstanding different roles it could not furnish basis for accused's conviction as well. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Wazir son of Shamshair, appellant herein, was tried along side eleven others by the learned Special Judge, Anti-Terrorism Court at Saidu Sharif for being a privy to abduction of Muhammad Naeem deceased in order to exact ransom from his family; he was arrested much late in the day, finally indicted along side Noor Zaman co-accused; consequent upon their convictions they were…

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