Law: Anti Terrorism Act, 1997

Section: 7(e)

Anti-Terrorism Act (XXVII of 1997)--- ----S. 7(e)-Kidnapping for ransom---Appreciation of evidence---Kidnapping---Proof---Benefit of doubt---Defence version, unconvincing---Effect---Trial Court convicted accused under S.7(e) of Anti-Terrorism Act, 1997, and sentenced them to imprisonment for life---Validity---None of the prosecution witnesses deposed to have seen accused or anybody else while kidnapping or taking away victim child with intention to kidnap him---None of the witnesses deposed that the person who was repeatedly demanding ransom on mobile phone from father of victim child was one of the two accused persons---None of the recovery witnesses deposed about recovery of victim child from the possession of accused persons---Prosecution could not claim to have proved its case against accused beyond any reasonable doubt nor recovery in question could be said to have been proved against accused in absence of evidence of any recovery witness---Defence plea of accused carried no legal force as such version if found to be unconvincing could not lead to conviction of accused and case against accused still required to be proved by prosecution---Both the accused could not be denied or deprived of benefit of doubt created in their favour which could not be proved by prosecution beyond any shadow of doubt---Conviction and sentence awarded to accused were set aside and both accused were acquitted of the charge---Appeal was allowed in circumstances. 1999 SCMR 1220; 2006 SCMR 1139; PLD 2008 SC 513; 1990 MLD 1023; PLD 1963 SC 17; 1992 SCMR 196 and 1995 SCMR 1345 ref. Haq Nawaz and 2 others v. The State PLD 1983 Lah. 682; Ali Sher v. The State and 3 others PLD 1980 SC 317; Noorul Haq v. The Stae 1992 SCMR 1451 and Zaheeruddin v. The State 1993 SCMR 1628 rel. JUDGMENT NISAR MUHAMMAD SHAIKH, J.---Through this appeal the appellants Khizar Hayat and Muhammad Shahzad have challenged the conviction and sentence awarded to them vide a common judgment dated 27-2-2007 passed by learned Judge, Anti-Terrorism Court No.1 Karachi in amalgamated Special Case Nos. 18, 19 and 20 of 2006 (Crime Nos.297, 298 and 299 of 2006 of Police Station Aziz Bhatti, Karachi) whereby both appellants…

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