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Search Results: Categories: 383 PPC (1 found)
ORANGZAIB Versus State
Citation: 2018 SCMR 391
Case No: Criminal Appeal No. 5-K of 2012
Judgment Date: 04/12/2017
Jurisdiction: Supreme Court of Pakistan
Judge: Asif Saeed Khan Khosa, Mushir Alam and Maqbool Baqar, JJ
Summary: Penal Code (XLV of 1860)- -Ss. 365-A, 383 & 384-Anti-Terrorism Act (XXVII of 1997), S. 7(e)-Kidnapping for ransom, extortion, act of terrorism-Reappraisal of evidence-Admittedly there was no evidence led by the prosecution showing that the accused was involved in the act of abduction of the alleged abductee-No evidence had been brought by the prosecution on the record establishing that the accused had demanded ransom for release of the alleged abductee-Some evidence brought by the prosecution on the record regarding making of telephone calls about ransom had been discarded by the High Court after recording cogent reasons-Alleged abductee or his deadbody had not been recovered at the instance of the accused-Only evidence brought on the record against the accused was that when the accused party had received the amount of ransom on that occasion the accused was driving the motorcar wherein the alleged abductee was kept in confinement on the rear seat by the co-accused-Even if the said allegation were to be accepted in its entirety the same would attract the provisions of S. 383, P.P.C. pertaining to extortion entailing a maximum sentence of three years' imprisonment as provided under S. 384, P.P.C.-Accused had already suffered incarceration for a period of about 12 years whereas the maximum sentence which could have been awarded to him for the offence of extortion was three years' imprisonment-Conviction and sentence of the accused recorded by the High Court under S. 365-A, P.P.C. and S. 7(e) of Anti-Terrorism Act, 1997 were set aside and instead the accused was convicted for an offence under S. 383, P.P.C. read with S. 384, P.P.C. and sentenced to rigorous imprisonment for three years which sentence he had already passed-Supreme Court directed that as the accused had spent more period of imprisonment than was due, therefore, he was not burdened with any fine, and that he shall be released from the jail forthwith if not required to be detained in connection with any other case-Appeal was partly allowed accordingly. Zafar Ahmed Khan, Additional Prosecutor-General, Sindh and Khan Nawaz, S.-I. for the State.
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