Law:

Section:

(a) Penal Code (XLV of 1860)--Ss. 365 & 365-A/34---Constitution of Pakistan (1973), Art. 185(3)--­Kidnapping---Acquittal---Reappraisal of evidence---Contentions of prosecution were that there was cogent evidence legally justifying conviction which had not been properly evaluated by the High Court. when particularly kidnapee himself had picked out accused person correctly in the identification parade, that ransom amount recovered had been ordered by the High Court to be paid back to the accused person from whom same was recovered and that there were several law points of public importance involved in the case---Leave to appeal was granted by Supreme Court .to reappraise the evidence in the light of contention raised by the prosecution. (b) Penal Code (XLV of 1860)--- ----Ss. 365 & 365-A/34---Kidnapping/abduction---Testimony of kidnapee/abductee---Evidentiary value---Held, in cases of kidnapping or abduction unless there were strong reasons to discredit testimony of abductee/kidnapee, his statement carried substantial evidentiary value. (c) Penal Code (XLV of 1860)-- ----Ss. 365 & 365-A/34---Kidnaping---Reappraisal of evidence---Version of kidnapee when looked in entire perspective and recovery of ransom amount which led to his release, appeared to be truthful, sufficient, convincing and confidence-inspiring---Placing reliance on the various sets of evidence including statements of complainant and abductee was justified in circumstances. State v. Farman Hussain PLD 1995 SC 1 ref. (d) Constitution of Pakistan (1973)--- ----Art. 185---Penal Code (XLV of 1860), Ss. 365 & 365-A/34---Appeal against acquittal before Supreme Court---Scope. No doubt ordinarily the acquittal must be .given due weight and mere possibility of recording different view on the reappraisal of the same evidence would not be sufficient for interference but where there is a blatant misreading of evidence leading to grave miscarriage of justice or make wholly artificial or shocking impressions which no reasonable person could perceive then under such exceptional circumstances, in the presence of overwhelming proof resulting in irresistible conclusion regarding involvement of…

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