Law: Penal Code (XLV of 1860)

Section: 365

- Penal Code (XLV of 1860)--- ----S. 365-A---Appreciation of evidence ---Abductee whose statement appeared to be honest and trustworthy had emphatically and vividly implicated the accused as the person who was' one of his abductors, had kept him in confinement and negotiated with him as well as his brother for payment of ransom for his release---Conviction of accused was maintained in circumstances. [p. 5431 A PLD1981SC142ref. Penal Code (XLV of 1860)--- ----S. 365-A---Sentence---Mitigating circumstances---Wife and other relations of accused had undergone the ordeal of trial and had remained in jail-- Besides, reliance had been placed in the case only on the evidence of the abductee---Death sentence awarded to accused by Trial Court was reduced to 14 years.' R.I. with fine in circumstances. [p. 544] D Penal Code (XLV of 1860)--- , ----Ss. 365-A & 368/365---Appreciation of evidence---Accused had neither participated in the abduction of the abductee, nor demanded any ransom from him---Accused, however, was found to have wrongfully conccalcd ttie abductet knowing that he had been abducted-accused was consequently convicted under S.368 P.P.C. and his sentence of imprisonment for life was reduced to 7 years' R.I, with fine accordingly. [p. 5441 R & E Penal Code (XLV of 1860)--- ----S. 365-A---Appreciation of evidence---Accused had only been arrested from the place of rescue of the abductee---Abductee had stated that accused was neither one of his abductors nor he had ever seen the accused except on the date of his rescue---Accused was acquitted in circumstances. [p. 544] C & F   A.Q. Halepota, Ghulam Ali Khokhar and Riaz Muhammad Hazarvi for Appellants. A. Sarwar Khan, A.A: G. for the State. Date of hearing: 8th March, 1995. JUDGMENT ALI MUHAMMAD BALOCH, J: --These three appeals are directed against judgment dated 28-1-1992 passed by the Judge Special Court No. III (Suppression of Terrorist Activities) Karachi, whereby all the three appellants, who were tried under sections 365-A, 34, P.P.C., have been convicted. The sentences awarded to them by the trial Court are as under:-- Appellant Ghulam Hyder--Death sentence; Appellant Mukhtiar…