Law: Offences Against Property (Enforcement of Hudood) Ordinance, 1979

Section: 17(3)

Law: Penal Code (XLV of 1860)

Section: 365-A/109/149

(a) Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979)--- ----S. 17(3)---Penal Code (XLV of 1860), Ss.365-A/109/149---Haraabah, kidnapping---Appreciation of evidence---Benefit of doubt---Business deal existed between the parties, which created acrimony leading to use of force, coercion and wrongful confinement of the complainant and his companion by accused person---Conduct of the complainant party had created many doubts so far as allegation of Haraabah and kidnapping for ransom was concerned---No efforts were made to contact Police or any other responsible person or notable for the release of the victims by the complainant party---Even after alleged payment of the ransom money, prosecution witness did not contact any acquaintance, there was complete silence till release of the victims after 4/5 days---All persons allegedly involved in Haraabah, keeping in wrongful confinement, playing role in extorting and finally receiving money, had neither been arrested or identified---No identification parade was conducted to identify accused---Contradictions existed in the statements of prosecution witnesses as to reaching the Police Station on foot or otherwise---No record of telephonic communication to prove the guilt---Conduct of prosecution witnesses was not natural, right from striking deal, details of occurrence, payment of ransom till release and return of the victims which had created doubt---Prosecution, in circumstances, had failed to establish the charges under S.17(3) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979 and under S.365-A, P.P.C. for kidnapping for ransom---Giving benefit of doubt, sentence and conviction of accused, awarded by the Trial Court under Ss. 365-A/149/109, P.P.C., was set aside. Mursal Kazmi alias Qamar Shah and another v. The State 2009 SCMR 1410; Abdul Jabbar and another v. The State 1977 SCMR 50; Muhammad Asghar alias Nannah and another v. The State 2010 SCMR 1706; Ibrar Husain and others v. The State 2007 SCMR 605; Abdul Razzaq v. The State 1983 SCMR 408; Yousaf Ali and others v. The State 2002 SCMR 1885; Ghulam Shabbir and 2 others v. The State 2003 SCMR 663 and Siraj-ul-Haq and another v.…

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