Law: Penal Code (XLV of 1860)

Section: 365,365-A

Penal Code (XLV of 1860)--- ----Ss. 365 365-A---Kidnapping or abduction for ransom---Reappraisal of evidence---Evidence was furnished by natural witnesses, with no axe to grind with the accused persons---Incident started with a script that could not be viewed as suspect---Brother of the abductee , who was also a prosecution witness, rushed back from a foreign country to rescue his brother and it was in such backdrop that two of the accused persons emerged as alleged saviors---Chain of circumstances, ultimately connected itself with the abductee, who was being kept at a flat under the surveillance of the accused persons---Consistent and confidence inspiring preponderance of evidence was halfheartedly met by the defence with bald denials alone---Prosecutions partial failure on the charge of section 365-A, P.P.C as well as acquittal of one of the accused persons on account of his absence from the scene at the time of raid, did not adversely reflect upon the integrity of the charge, firmly resting on the totality of chain of circumstances, ranging from abduction, surreptitious confinement of the abductee, ultimately leading to his recovery with accused persons on guard from a premise under their knowledge and occupation---High Court had rightly set-aside the acquittal of accused persons recorded by the Trial Court and convicted them under S. 365, P.P.C.---Petition for leave to appeal was dismissed and leave was declined. ORDER QAZI MUHAMMAD AMIN AHMED, J.--- Indicted for abduction for ransom, Muhammad Makki, Alam Sher, Aamir Rehman and Abdul Ghafoor, in absence of Adnan Khan, proclaimed offender, were tried through a private complaint by a learned Special Judge Anti-Terrorism Act, Rawalpindi; they were acquitted of the charge vide judgment dated 18.01.2011; barring Abdul Ghafoor, the abductee successfully assailed acquittals before the Islamabad High Court; convicted under section 365 of the Pakistan Penal Code, 1860, the remainder were sentenced to 7-years R.I. with a direction to pay fine in the sum of Rs.500,000/- each, pre-trial period inclusive, vide impugned judgment dated 07.07.2020 vires whereof, are being challenged on the grounds that there was no…

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