Law: Pakistan Penal Code, 1860

Section: 365-A,392

Law: Anti-Terrorism Act, 1997

Section: 7(e), 7(1)(ff)

Law: Explosive Substances Act, 1908

Section: 4, 5

Law: Sindh Arms Act, 2013

Section: 23(1)(a)

Law: Criminal Procedure Code (V of 1898)

Section: 265-H, 265-H(2),342, 382-B

Summary:Appellants Abdul Waheed and Mushtaq Ahmed were convicted by the Anti-Terrorism Court, Karachi, for abducting a 10-year-old boy and kidnapping his father's car at gunpoint, demanding ransom, and illegal possession of weapons. The prosecution proved the case beyond reasonable doubt based mainly on eyewitness testimony of the complainant and abductee, corroborated by police evidence and recovery of the abductee, arms, and vehicle at the time of arrest. Minor contradictions in evidence were not found to be material. However, the court held that the acts did not fulfill the legal criteria of terrorism under the Anti-Terrorism Act (ATA), thus convictions under ATA were set aside, while sentences under the Pakistan Penal Code (PPC) and other relevant laws were upheld.Core Points:The complainant and his abducted son clearly identified the appellants as kidnappers.The appellants abducted the child and car at gunpoint and demanded Rs. 50 lac ransom.Police arrested appellants during a sting operation, recovered abductee, stolen car (with fake plates), unlicensed firearms, and a hand grenade.Ransom calls traced to phones recovered from the appellants.Evidence credible and confidence-inspiring despite minor contradictions.No identification parade was necessary as abductee and complainant recognized accused during arrest.Defence claim of false implication not supported by any credible evidence.Offenses under ATA were dismissed, as acts lacked terroristic intent and…

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