Law: Penal Code (XLV of 1860)

Section: 365

Law: Criminal Procedure Code (V of 1898)

Section: 161,164

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

Section: 22

(a) Penal Code (XLV of 1860)--- ----S. 365---Criminal Procedure Code (V of 1898), Ss. 161 164---Qanun-e-Shahadat (10 of 1984), Art. 22---Kidnapping or abducting with intent to secretly and wrongfully confine person---Appreciation of evidence---Benefit of doubt---Delayed identification parade---Kidnapee not recovered from custody of accused---Delay in recording statement of kidnapee---Scope---Accused persons assailed their conviction by Magistrate and Sessions Judge under S. 365, P.P.C.---Alleged kidnapee was released by the accused, where after; the police had taken him to the police station, meaning thereby that the police had not recovered the kidnapee from the house of accused---Kidnapee had identified the accused persons without any reference to the role allegedly played by them during the course of occurrence, due to which the identification parade had lost its evidentiary value---Kidnapee had not given the hulia (feature/description) of accused persons---Statement of kidnapee under S. 164, Cr.P.C. was not recorded in presence of accused, thus could not be relied upon---Statements of kidnapee under Ss. 161 164, Cr.P.C., were recorded with delay---Kidnapee had also made dishonest improvements, which had dented the reliability of his statement---Impugned s were set aside and the accused persons were acquitted of the charge, in circumstances. Sabir Ali alias Fauji v The State 2011 SCMR 563; Kanwar Anwar Ali v. The State PLD 2019 SC 488; Nadir Shah v. The State 2012 PCr.L.J 588 and Ayub Masih v. The State PLD 2002 SC 1048 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 164 265-J---Power to record statements and confessions---Statement under S. 164 admissible---Scope---Statement of a witness recorded under S. 164, Cr.P.C. cannot be considered as a substantive piece of evidence and can only be used to contradict the person in the court who made the statement. Nadir Shah v. The State 2012 PCr.L.J 588 rel. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 164 265-J---Qanun-e-Shahadat (10 of 1984), Art. 133---Power to record statements and confessions---Statement under S. 164, C.P.C.---Cross-examination of deponent---Scope---Statement of a witness recorded…

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