Law: Penal Code (XLV of 1860)

Section: 365-A

Law: Anti Terrorism Act, 1997

Section: 7

Law: Sindh Arms Act, 2013

Section: 22

(a) Criminal trial--- ----Witness---Minor discrepancies---Effect---Minor discrepancies always come on record due to lapse of considerable time between incident and recording of evidence. (b) Penal Code (XLV of 1860)--- ----S. 365-A---Anti-Terrorism Act (XXVII of 1997), S. 7---Sindh Arms Act (V of 2013), S. 25---Qanun-e-Shahadat (10 of 1984), Art. 22---Abduction for ransom and possession of illegal firearm---Appreciation of evidence---Identification parade, non-holding of---Effect---Police encounter---Accused persons were arrested for kidnapping for ransom and abductee was recovered from their custody after police encounter---Non-holding of identification test was no ground to discard testimony of eye-witness and abductee who remained in custody of accused for considerable period and identification of accused in court at time of evidence was sufficient---Identification parade was not a requirement of law but only one of methods to test veracity of eyewitness who had an opportunity to see accused and claimed to identify him---All witnesses including abductee fully supported case of prosecution against accused persons---Recovery of abductee from custody of accused persons; their encounter with police and receiving of injuries during encounter by one accused and death of other accused; recoveries of unlicensed weapons from accused persons including empties which were sent to Forensic Science Laboratory and report of Chemical Examiner regarding blood stained clothes of deceased accused and blood stained mud; collection of Call Data Record (CDR) of mobile of accused so also abductee; and recovery of mobile phone and SIM which were used for demand of ransom had proved case of prosecution---Evidence of star witness (abductee) was trustworthy, inspired confidence which could not be discarded on flimsy grounds or on technical ones---High Court declined to interfere in conviction and sentence awarded to accused persons by Trial Court--- Appeal was dismissed in circumstances. Azeem Khan and another v. Mujahid Khan and others 2016 SCMR 274; Mohammad Hayat and 3 others v. The State 2018 PCr.LJ Note 61; Riaz v. The State 2018 YLR 2059; Abdul Jabbar and others v. The State…

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