Law: Penal Code (XLV of 1860)

Section: 365-A

Law: Anti Terrorism Act, 1997

Section: 7

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

Section: 22,164

Penal Code (XLV of 1860)--- ----S. 365-A--- Anti-Terrorism Act (XXVII of 1997), S. 7-E---Qanun-e-Shahadat (10 of 1984), Arts. 22 164---Kidnapping for ransom---Appreciation of evidence--- Test Identification Report--- Evidence through modern devices---Proof---Benefit of doubt---Prosecution relied upon Test Identification Parade and Call Data Report to prove its case---Accused persons were convicted by Trial Court for abduction---Validity---During identification parade of one accused who was of 24 years age, dummies placed with him were 33 years of age---Though all dummies were of similar features but there was difference of ages among them---High Court declined to rely upon identification parade as one of the conditions was that all dummies must be similarly dressed up, was missing in the proceedings---Call Data Reports were taken into possession during investigation pertaining to all accused persons but were not proved by prosecution in accordance with law as the same were computer generated papers secured from system available with police department---Principle to prove evidence through modern device was not followed---Prosecution in all circumstances was under obligation to prove its case at all stages of criminal trial---No license could be given to prosecution to take advantage of weakness of defence as it had to stand on its own legs---Heinousness of offence alone could not be considered to record conviction---Before an accused was sent to gallows, Court required evidence and that too of qualitative nature---Benefit of doubt in all situations was to be extended to accused not as a matter of right but as a privilege---High Court set aside conviction and sentence awarded to accused persons and they were acquitted of the charge--- Appeal was allowed in circumstances. Gohar Khan and another v. The State 2020 YLR 195 rel. JUDGMENT SOHAIL NASIR, J.--- Aqib Javed, Muhammad Sadiq, Amjad Ali and Bilal Ali (appellants) had faced trial in case FIR No. 147 (PQ) recorded on 21.08.2019 under section 365-A, P.P.C. on the complaint of Mushtaq Hussain (PW-5) at Police Station Jalalpur Sharif, District Jhelum for the abduction of Shahbaz Hussain (PW-7). Later on, section…

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