Law: Penal Code (XLV of 1860)

Section: 365-A

Law: Anti Terrorism Act, 1997

Section: 7(a)

Penal Code (XLV of 1860)--- ----S. 365-A---Anti-Terrorism Act (XXVII of 1997), S. 7(a)---Kidnapping or abduction for ransom---Reappraisal of evidence---Accused was nominated for the offence after more than two years of the incident through a supplementary statement of the complainant---Witnesses were discrepant on fundamental issues of demand of ransom and the manner whereby it was paid to the accused---According to the complainant, the captor asked for a sum of Rs. 4 crore whereas according to one of the abductee the demanded amount was Rs. 20 lac; the latter was supported by the other abductee, who was also the complainants son---Even if such discrepancy was viewed as too trivial to cast bearing on the inherent fate of the case, still absence of the family of one of the abductees from the scene was not explained as they neither approached the police nor joined the complainant in his pursuit for recovery of the abducted children---Absence of call data, otherwise technically available, to confirm alleged conversation from accuseds cell phone to the complainants landline number, a valuable piece of evidence to establish the alleged communication, was a missing link with obvious consequences for the prosecution case---According to the complainant, in his belated disclosure, he had nominated the accused being the principal culprit, however, when confronted with his supplementary statement, the name of the accused was conspicuously missing therein---Same was the case with the supplementary statement of one of the abductees, wherein the name of the accused was missing---Complainants choice to let off three co-accused, initially nominated by him in his supplementary statement, also adversely reflected on the prosecution case---Accused was acquitted of the charge in circumstances---Appeal was allowed. JUDGMENT QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Hamza Shahzad, 11, went missing along with his friend Hassan, 12, at 4:00 p.m. on 4.5.2006 from his house located within the precincts of Police Station City Satellite Town Sargodha; they were searched by the family without recourse to law, however, after receipt of an anonymous call on the following day at 3:00 p.m, his…

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