Law:

Section:

(a) Penal Code (XLV of 1860)---___Ss, 365-A & 109 ---Offence of kidnapping ---Duty of Courts: --[Criminal trial]. While trying a criminal case, it the duty of the Court to appraise evidence strictly according to the legal requirements- described by late without being swayed away emotionally for any other extraneous reasons, which fall outside the pale of legal jurisdiction of appraisement of evidence. In the criminal jurisprudence which is followed, it is invariably the duty of the prosecution to prove .he ease against accused beyond doubt and the accused is presumed to be innocent until the case fully proved against him and in that process not only if there is room for doubt, benefit thereof is to go to the accused but if any legal provision, which to be retied upon in the appraisement of evidence and is open to two interpretations, one beneficial to the accused is to be adopted. The Court is to administer the laws as are operative in the country and if such laws fail to achieve the desired results, then it is the duty of the legislature to amend them suitably to make them effective. Court is not permitted to deviate from the principles and guidelines laid in the law for appraisement of evidence. To bring home guilt to the accused, legal evidence is required to be of incriminating nature to connect accused with the commission of crime beyond the shadow of reasonable doubt. Per Ajmal Mian, J.--­ The duty of the Court is to administer the laws as are operative in the country and if such laws fail to achieve the desired result, then it is the duty of the legislature to make necessary amendments therein. However, at the same time, it is also a well-settled proposition of law that while applying a particular law, the Court should take into consideration the objection for which it has been enacted. The interpretation of the law should be placed in a manner which may advance the object and suppress the mischief for which the law in question might have been enacted and not to construe in a manner which may defeat the object of the law. The approach of the Court in matters like the case of kidnapping for ransom should be dynamic and if the Court is satisfied that…

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