Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss.365 & 365-A---Constitution of Pakistan, Art 185(3)---Abduction and abduction for ransom---Leave to appeal was granted by Supreme Court where High Court disbelieved most of the evidence of prosecution and on such score converted conviction of accused from offence under S.365-A, P.P.C. to S. 365, P.P.C. (b) Penal Code (XLV of 1860)--- ----Ss. 365 & 365-A---Abduction and abduction for ransom---Re-appraisal of evidence---Pre-conditions---Passing of ransom---Proof---Accused were convicted under S.365-A, P.P.C. by Trial Court for abduction for ransom and sentenced to imprisonment for life but High Court converted the conviction to only abduction under S.365, P.P.C. and sentence was reduced to 7 years' imprisonment---Reasons which found favour with High Court to reverse conviction under S.365-A, P.P.C. to one under S.365 P.P.C. were that middle man who received the ransom amount for onward transmission to accused was neither made an approver nor a witness; nothing was brought in evidence as to wherefrom ransom amount was obtained or borrowed and manager of the bank from where money was drawn was also not produced and payment of amount was not free from doubt---Validity---Such observations of High Court were conjectural, fanciful and reflected non-reading of material evidence---Prosecution was not obliged to make middle man as approver or to explain as to from where ransom amount was drawn or to produce the bank manager---Passage of money was not a pre-requisite to prove S.365-A, P.P.C.---Accused had abducted two persons for the purpose of extorting ransom and had compelled complainant to comply demand for cash/ransom for releasing the abductees---Supreme Court set aside conviction and sentence passed by High Court and restored that of Trial Court---Appeal was allowed. Muhammad Amjad v. State PLD 2003 SC 704 ref. Ghulam Mohi-ud-Din, Advocate Supreme Court for Appellants (in Cr. A. 79-P of 2010). Taufiq Asif, Advocate Supreme Court for Appellants (in Cr. A. 80-P of 2010). Taufiq Asif, Advocate Supreme Court for Respondents (in Cr. A. 79-P of 2010). Ghulam Mohi-ud-Din, Advocate Supreme Court for Respondents (in Cr. A. 80-P of…

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