363. Punishments for kidnapping.--Whoever kidnaps any person from Pakistan or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
COMMENTARY
Willingness of prosecutrix. A mitigating circumstance. PLD 1989 Lah. 543. Age. Birth entry. A conclusive proof. PLD 1989 Lah. 543. No independent witness of locality. 1989 PCr.LJ 1703. Taking the child two furlongs. Offence established. 1990 SCMR 323.
Case was registered u/Ss. 363 & 365-A of PPC added by virtue of which the case became triable by Special Court established under Anti-Terrorism Act. Application u/S. 23 of Anti-Terrorism Act, questioning his jurisdiction to try the case on premise that the case did not attract the provision of Act, 1997 and prayed for transfer to ordinary Court of plenary jurisdiction. Application was dismissed. Fact of. Minor was kidnapped by three unknown persons. FIR disclosed the ages and physical description of the accused who participated in occurrence. Prosecution nominated the accused through supplementary statement and two co-accused. Legality. Prima facie the offence u/S. 365-A of PPC is made out which is a schedule offence and is exclusively triable by Special Court established under Anti-Terrorism Act. No plausible reason or motive discernible from the facts and circumstances of the case other than kidnapping of the minor for ransom. PLJ 2008 Lahore 310.
Father of child. Father of child a natural guardian alongwith the mother can never be ascribed or attributed the offence of kidnapping of his own child. 2001 PCr.LJ 31.
Father of a child being always a natural guardian alongwith the mother, can never be ascribed or attributed the offence of kidnapping of his own child. 1998 PCr.LJ 1784.
Father of the minors against whom case had been registered was not before the Supreme Court. Petitioners involved in the case were directed to approach trial Court for release on bail. Order accordingly. 2005 PSC (Crl.) 183.
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