Law: Penal Code (XLV of 1860)

Section: 365-A

Law: Anti Terrorism Act, 1997

Section: 6,7

(a) Penal Code (XLV of 1860)--- ----S. 365-A---Anti-Terrorism Act (XXVII of 1997), Ss.6 & 7---Abduction for extorting property, valuable security etc. and terrorism---Appreciation of evidence---Recovery of alleged abductee, itself appeared to be doubtful in view of glaring contradictions and discrepancies available in the evidence of two prosecution witnesses---Prosecution, in circumstances, had not proved the case against accused---Main charge was against father of alleged abductee who was a natural guardian, but he was acquitted by the Trial Court, on whose alleged pointation alleged abductee was recovered---Trial Court had found that no direct evidence was available on record to connect the father and his co-accused with the commission of offence---Accused was convicted due to circumstantial evidence on the sole ground that alleged abductee was recovered from his otaq, which was totally doubtful in view of evidence of two prosecution witnesses---Mother of alleged abductee never appeared in the court despite bailable warrants, for recording evidence who received telephonic calls from the kidnappers for the demand of ransom---Father could not be held liable for kidnapping his own son being a natural guardian---Prosecution having failed to prove its case against accused beyond reasonable doubt; impugned judgment was set aside and accused was acquitted of the charge and was released, in circumstances. Muhammad Ashgar v. State 2010 SCMR 1706; Sabir Ali v. State 2011 SCMR 629; The State v. Mushtaq Ahmad PLD 1973 SC 418 and Khalid Mehmood v. State 2011 SCMR 664 ref. (b) Islamic law--- ----Guardianship---Responsibility of parents to bring-up children and their welfare---Children were focus of gravity in Islamic family tradition and law---When spouses were together, upbringing their children was paramount joint responsibility---Not only physical care and health, but emotional, educational and religious welfare and well being, were mutual responsibility---When spouses would separate by divorce or annulment, said responsibilities, get split according to best abilities of each parent---While fathers were vested with financial burden and legal guardianship roles,…

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