Law:

Section:

(a) Penal Code (XLV of 1860) S. 365A/34Constitution of Pakistan (1973), Art, 185(3)Leave to appeal was granted by Supreme Court to consider whether the High Court was justified in allowing the appeals of the accused and dismissing the State's acquittal appeal, keeping in view the evidence brought on record. (b) Criminal trial Appreciation of evidencePrinciplesWhile deciding a criminal case the basic duty of the Court is to scrutinise the evidence brought on record strictly in accordance with the establishment judicial norms without being influenced by facts which tend to push in the background the substantial evidence which is pivotal for reaching the correct conclusionPositive legal evidence cannot be excluded on probabilities alone, nor the entire prosecution case can be thrown aside simply for the reason that the evidence of some of the witnesses is incredible and untrustworthyIf the prosecution's case rests upon various sets of evidence, each is to be examined and accepted or rejected on its own worthOn the intrinsic value of one set of evidence the effects of other independent and substantial evidence cannot be nullified. (c) Penal Code (XLV of 1860) S.365A/34Constitution of Pakistan (1973), Art. 185Appeals against acquittalCase was of nonreading and misreading of evidenceSubstantial and irrefutable evidence had been ignored and disbelieved on the grounds which were not sustainable in law which had resulted in grave miscarriage of justiceDictums laid down by Supreme Court in the cases relating to kidnapping/abduction for ransom were neither followed nor referred, instead n technical grounds the accused had been acquittedHigh Court had no legal justification to disbelieve the prosecution version especially on the basis of news item published in two daily newspapersRecoveries of arms and ammunition and of the amount paid as ransom in presence of Mashirs could got be discarded simply on the basis of the Mashirs having been declared hostileInvestigating Officer on the point of recovery was as good witness s possibly anybody else could be, who had given details of recovery and his evidence on that point was not shatteredAmount of Rs.5,36,260 of ransom recovered…

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