Law: Pakistan Penal Code, 1860

Section: 365,365-A

Law: Anti-Terrorism Act, 1997

Section: 7(e)

Law: Arms Ordinance, 1965

Section: 13-D

Law: Code of Criminal Procedure, 1898

Section: 382-B ,423

SummaryThe High Court of Sindh reviewed the appeal of Qari Amin-ul-Haq @ Abdul Manan @ Maney Khan and Fazal Raheem, who were convicted by the Anti-Terrorism Court No.1, Karachi, for kidnapping (under Section 365-A PPC) and possession of an unlicensed weapon (under Section 13-D Arms Ordinance). The Court found that while the prosecution proved kidnapping under Section 365 PPC beyond reasonable doubt, it failed to prove the element of ransom demand, which is essential for conviction under Section 365-A PPC and Anti-Terrorism Act (ATA). Therefore, the Court modified the conviction from kidnapping for ransom (365-A PPC) and ATA offences to simple kidnapping (Section 365 PPC) and unlicensed arms possession (Section 13-D Arms Ordinance). The sentences were accordingly reduced, and no conviction under ATA was maintained.Core PointsThe appellants were originally convicted under Section 365-A PPC (kidnapping for ransom) and ATA Section 7(e), plus Section 13-D Arms Ordinance.The prosecution failed to prove the ransom demand beyond reasonable doubt (no link between the ransom calls and appellants).The abductee was recovered unharmed, and no ransom was paid.The Court held that the case does not fall under the Anti-Terrorism Act, as there was no intent to cause terror.The appellants were therefore convicted for…

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