Law: Pakistan Penal Code, 1860

Section: 365A,149,342

(a) Penal Code (XLV of 1860)--- ----S. 365-A/ 149---Appreciation of evidence---Evidence of the. abductees was not reliable---Identification parade being defective identification of accused was inadmissible---Confession made by accused did not disclose the happenings and events relating to the crime---Neither any mention of demand or receipt of ransom was made in the said confession nor the places where the abductees were detained were disclosed therein---Judicial confession had even been retracted by the accused which was not corroborated by any other evidence and the same, therefore, could not form the basis of conviction---Accused were acquitted on benefit of doubt in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 365-A/149---Appreciation of evidence---Sentence, reduction of---Abductees had fully implicated the accused in the commission of the offence---Identification of accused in the identification test did not suffer from any defect ---Abductees were not shown by the accused to have any enmity with him---Conviction of accused was upheld in circumstances---No evidence was, however, available on record to the effect that the accused had demanded or received any ransom from the abductees---Death sentence awarded to accused by Trial Court was reduced to imprisonment for life accordingly. JUDGMENT MUHAMMAD ROSHAN ESSANI, J.---The appellants Imran alias Jimmi, Bashir alias Bashu and Islam were convicted under section 365-A, P:P.C. read with section 149, P.P.C. Bashir and Islam were sentenced to death and their entire property was ordered to be forfeited, whereas Imran alias Jimmi was sentenced to suffer imprisonment for life and his entire property was also ordered to be forfeited to the Provincial Government. The appellants were tried by the learned Judge Special Court for Suppression of Terrorist Activities, Larkana and they were convicted and sentenced as stated herein, by judgment, dated 31st January 1993. The appellants have filed above three appeals against their conviction and sentence. Since all the three appeals have arisen out of the same judgment, we propose to dispose them of by this single judgment: We have heard Mr. A.Q. Halepota, Advocate…

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