Law: Penal Code (XLV of 1860)

Section: 365-A

(a) Penal Code (XLV of 1860)--- ----S. 365-A---Anti-Terrorism Act (XXVII of 1997). S. 7---Kidnapping for ransom, act of terrorism---Appreciation of evidence---Benefit of doubt---Accused were charged for kidnapping the complainant for ransom and making aerial firing for causing harassment---Allegedly, at the time of the abduction, the accused persons had made aerial firing for creating harassment but in such type of offences usually aerial firing was not made, especially when no resistance was offered---Object of culprits was to remove the abductee from the place of abduction so that he might be shifted to some safe place without any hindrances---Complainant and witnesses had allegedly identified a teeming number of accused persons with their names and respective weapons, which created doubts---Source of identification was said to be torch lights but the same was not established---Complainant and witnesses had stated that they had identified the accused persons on torch light but the investigator did not collect those torches as real or objective evidence---Prosecution had not disclosed any reason for the non-collection of the torches and other articles to be produced during the trial---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Muhammad Tufail v. The State 2013 SCMR 768; Muhammad Dawood and others v. The State 2015 PCr.LJ 316; Pahlwan and 2 others v. The State 2000 PCr.LJ 299 and Ghulam Kadir v. The State 2000 PCr.LJ 677 ref. (b) Penal Code (XLV of 1860)--- ----S. 365-A---Anti-Terrorism Act (XXVII of 1997). S. 7---Kidnapping for ransom, act of terrorism---Appreciation of evidence---Benefit of doubt---Delay of about six months in lodging the FIR---Scope---Accused were charged for kidnapping the complainant for ransom and maing aerial firing for causing harassment---Record showed that FIR was lodged after 6 months of the incident when the alleged abductee was already recovered 04 months earlier to the lodgment of the FIR---Abductee and his witnesses had reasoned out that delay by submitting that the abductee after recovery…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492