Law: Penal Code (XLV of 1860)

Section: 363,364-A,369,468,420,109

Penal Code (XLV of 1860)--- ----Ss. 363, 364-A, 369, 468, 420 & 109---Kidnapping, kidnapping or abducting a person under the age of fourteen, kidnapping or abducting child under ten years with intent to steal from its person, forgery for purpose of cheating, cheating and dishonestly inducing delivery of property, abetment where no express provision is made for its punishment---Appreciation of evidence---Benefit of doubt---Only material against the accused was the Passports wherein the accused were shown to be parents of allegedly abducted children---Recovery of said children or their Passports was not effected from the accused---Custody of children was handed over to the principal accused by their parents out of their free will---No evidence was brought on record to show the nexus of accused/present appellants and the principal accused for commission of alleged offence---Ingredients of offence under S.369, P.P.C. were missing---Unverified Passports of alleged abductees showing the accused as parents of said abductees were not reliable pieces of evidence to connect the accused with commission of offence under S.369, P.P.C.---No one could be punished without reliable evidence---Benefit of reasonable doubt must go to the accused---Mere conjectures and probabilities could not be equivalent to proof---In the absence of any specific role or nomination of the accused in F.I.R. and without direct reliable evidence, impugned conviction was not sustainable in law---Extending benefit of doubt, accused were acquitted of the charges---Conviction and sentence of the Trial Court were set aside. Faheem Ahmed Farooqui v. The State 2008 SCMR 1572; Ghulam Qadir v. The State 2008 SCMR 1221; Yasin alias Ghulam Mustafa v. The State 2008 SCMR 336; Siraj-ul-Haq v. The State 2008 SCMR 302; Tayyab Hussain v. Ansari Ali and another 2008 SCMR 90; Abdul Majeed v. The State 2008 SCMR 71; Muhammad Suleman Chanda v. The State 1994 PCr.LJ 596 and Muhammad Safdar v. The State 2008 YLR 2878 ref. Ghulam Qadir and 2 others v. The State 2008 SCMR 1221; Siraj-ul-Haq v. The State SCMR 302 (sic.); Faheem Ahmed Siddiqui v. The State 2008 SCMR 1572 and Muhammad Luqman v. The State PLD 1970 SC 10…

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