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Kidnapping or ABDUCTION for ransom - Lawyers of Pakistan

Kidnapping or ABDUCTION for ransom

Citation Name : 2020 SCMR 116 SUPREME-COURT
Side Appellant : ABDUL HAQ
Side Opponent : State
S. 6(2)(e)---Penal Code (XLV of 1860), S. 365-A---Kidnapping or ABDUCTION for ransom---Reappraisal of evidence---Benefit of doubt---Alleged abductee returned home on his own with some marks of violence on his wrist and ankle joints, and disclosed to the Investigating Officer that he was let off 3/4 days before his return---Abductee, in his statement before a Magistrate, did not mention the date of his return---Prosecution's reliance on the injuries endured by the abductee, allegedly during his captivity faded into insignificance, particularly in the absence of duration thereof in the medico legal certificate---Complainant, who was the real brother of the abductee, appeared in the witness box but did not point his finger on the accused persons---Complainant being the real brother of the abductee, was expected to bring on record the information subsequently shared with him by the abductee---Abductee massively improved upon his previous statements and was duly confronted with his deviations---Abductee also admitted his acquaintance with one of the accused persons, his co-villager, while evasively avoiding a query regarding pendency of different civil and criminal cases instituted by said accused persons against the abductee as well as the complainant---Similarly, in his examination-in-chief, the abductee did not name another accused person as being one of the culprits; while denying litigation between the two families, he however, admitted that both the accused persons in question were real brothers inter se, and lived in the same neighbourhood---No importance could be attached to the identification parade, conducted under magisterial supervision in such backdrop---In the totality of circumstances, the prosecution case was not free from doubt---Convictions of accused persons and life time sentences awarded consequent thereupon could not be sustained merely on the basis of some superficial healed wounds, genesis whereof was also shrouded in mystery of time and space---Petitions for leave to appeal, were converted into appeals and allowed and accused persons were acquitted of the charge.


Citation Name : 2020 PLD 61 SUPREME-COURT
Side Appellant : GHULAM HUSSAIN
Side Opponent : State
Ss. 6 & 7(e) & Third Sched. Entry No.4---Penal Code (XLV of 1860), S. 365-A---Explosive Substances Act (VI of 1908), Ss. 4(b), 5 & 6---Terrorism, kidnapping or ABDUCTION for ransom, possessing explosives---Offences mentioned under Entry No. 4 to Third Sched. of the Anti-Terrorism Act, 1997---Conviction for such offences under the Anti-Terrorism Act, 1997---Scope---Offence of ABDUCTION or kidnapping for ransom under S.365-A, P.P.C. was included in Entry No. 4 of the Third Sched. to the Anti-Terrorism Act, 1997 and kidnapping for ransom was also one of the actions specified in S.7(e) of the Anti-Terrorism Act, 1997---ABDUCTION or kidnapping for ransom was a heinous offence but the scheme of the Anti-Terrorism Act, 1997 showed that an ordinary case of ABDUCTION or kidnapping for ransom under S.365-A, P.P.C. was merely triable by an Anti-Terrorism Court but if kidnapping for ransom was committed with the design or purpose mentioned in cl. (b) or cl. (c) of subsection (1) of S.6 of the Anti-Terrorism Act, 1997 then such offence amounted to terrorism attracting S.7(e) of that Act---In the former case the convicted person was to be convicted and sentenced only for the offence under S. 365-A, P.P.C. whereas in the latter case the convicted person was to be convicted both for the offence under S.365-A, P.P.C. as well as for the offence under S.7(e) of the Anti-Terrorism Act, 1997---Same rule may also be applied to the other offences mentioned in Entry No. 4 of the Third Sched. to the Act pertaining to "Use of firearms or explosives by any device, including bomb blast in a mosque, imambargah, church, temple or any other place of worship, whether or not any hurt or damage is caused thereby", "Firing or use of explosive by any device, including bomb blast in the court premises", "Hurt caused by corrosive substance or attempt to cause hurt by means of a corrosive substance" and "Unlawful possession of an explosive substance or abetment for such an offence under the Explosive Substances Act, 1908"---Such distinction between cases of terrorism and other heinous offences by itself explained and recognizes that all heinous offences, howsoever serious, grave, brutal, gruesome, macabre or shocking, did not ipso facto constitute terrorism which was a species apart.

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