Law: Penal Code (XLV of 1860)

Section: 365-A,149

Law: Anti Terrorism Act, 1997

Section: 7

(a) Penal Code (XLV of 1860)--- ----Ss. 365-A & 149---Anti-Terrorism Act (XXVII of 1997), S. 7----Kidnapping or abducting for extorting property, valuable securities, unlawful assembly, act of terrorism---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Accused were charged for kidnapping the brother of the complainant for ransom and releasing him after receiving the ransom amount---Complainant in his examination-in-chief admitted that one of the accused persons contacted his brother on cell phone, whereas the alleged abductee, in his examination-in-chief, deposed that seven accused persons made him phone call and asked him to accompany them to work at "K"---Likewise, complainant deposed that on 02.07.2010 he along with his two relatives went for the payment of ransom amount Rs. 05 Lac---Accused asked complainant on telephone that the said amount was to be paid at the Otaq of one Mr. "S" where he paid Rs. 05 Lac as ransom amount to one Mr. "S"---On the other hand, one of the relatives of complainant had belied such statement by deposing that on 02.07.2010, he, complainant and one another person went for the payment of ransom amount and paid the ransom amount to a person other than Mr. "S"---Putting the said two statements in juxtaposition, it was evident that both the said witnesses contradicted each other---Prosecution witnesses had also contradicted themselves on the point as to who went to police station for lodging FIR---According to complainant, he along with "R", "H" and "D" went to Police Station for registration of FIR on 05.07.2010---On the other hand, witness deposed that he along with his brother went at Police Station on 04.07.2010 and the police asked them to come again on the next day---On the next day they again went to Police Station for registration of FIR---Circumstances established that the prosecution failed to prove its case against the accused persons beyond shadow of any doubt---Appeal against conviction was accordingly allowed. Faiz-ur-Rehman v. The State 2012 SCMR 538; Muhammad Tufail v. The State 2013 SCMR 768; Abdul Jabbar and others v. The State 2017 PCr.LJ 160 and Muhammad Naeem…

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