Law: Penal Code (XLV of 1860)

Section: 365-A

Law: Constitution of Pakistan, 1973

Section: 199

Penal Code (XLV of 1860)--- ----S. 365-A---Constitution of Pakistan, Art. 199---Kidnapping or abduction for extorting property, valuable security, etc.---Constitutional petition---Trial Court while accepting the application under S. 265-K, Cr.P.C. of the accused had ordered confiscation of Rs. 200,000 in favour of State, which complainant allegedly had paid to the accused and his companions as ransom for the release of his abducted son and which had been subsequently recovered from the accused during investigation and was now on superdari with the complainant---Said confiscation of the amount had been assailed---Some settlement outside the court appeared to have been arrived at between the parties, in consequence of which complainant and his co-witnesses had exonerated the accused disowning the prosecution case---Said witnesses resultantly had been declared hostile by the Trial Court directing both the parties to cross-examine them---Defence Counsel had refused to test the veracity of the statements of the complainant and other witnesses by cross-examining diem---No circumstance was available to justify the claim of the accused in respect of the alleged ransom amount---U-turn taken by the complainant during the trial had also indicated that he must have been compensated by the accused to favour them in the case---Chance lost, could not be revived through the Constitutional petition---Accused petitioner seemed to be trying his luck rather than following a lawful pursuit---Impugned order was based on sound and rational reasons and did not suffer from any illegality---Constitutional petition was dismissed in circumstances. ORDER Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has called in question the validity of the last paragraph of order dated 17-3-2010, whereby, the learned trial Court has ordered for confiscation of Rs.2,00,000 ( two lacs) in favour of the State while accepting an application under section 265-K, Cr.P.C, in case F.I.R. No.233 of 2009 dated 3-10-2009 under section 365-A, P.P.C., Police Station, Pipplan, District Mianwali, registered at the complaint of Dost Muhammad, against…

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