Law: Penal Code (XLV of 1860)

Section: 381-A/411

Law: Anti Terrorism Act, 1997

Section: 7

Penal Code (XLV of 1860)     Ss. 381 A/411- Anti Terrorism Act (XXVII of 1997), S.7 Appreciation of evidence Allegation against accused was that he stole car parked outside the mosque Complainant in his cross examination had stated that he did not join Chowkidar of the mosque in investigation, who had seen the accused taking away the car and that he did not ask the Chowkidar to identify the accused Complainant also did not join the owner of tyre repair shop where car was found standing for repair at the relevant time Car having not been lifted or snatched, no offence had been made out under S.7 A of Anti Terrorism Act, 1997 calling for punishment under S.7 B of that Act Prosecution case was riddled with doubts and story of prosecution was unbelievable Trial Court did not appraise evidence properly keeping in view all the circumstances Case against accused having not been proved of. Trial Court passed against accused, was set aside and accused was released from jail.   Malik Rab Nawaz Noon for Appellant.   Malik Abdul Qayyum for the State.   Date of hearing: 24th January, 2002. JUDGMENT This criminal appeal impugns the judgment, dated 12 3 2001 passed by Ch. Asad Raza, Judge, Special Court, Anti Terrorism, Rawalpindi Division and Islamabad Capital Territory. Whereby he convicted the appellant under section 381 A, P.P.C. and sentenced him to seven years R.I. with a fine of Rs.1,00,000 and in default of payment of fine, he was to suffer further six months S.I. The appellant was also convicted under section 411, P.P.C. and was sentenced to three years R.I. with a fine of Rs.5.000 and in default of payment of fine, he was to suffer further six months S.I. He was further convicted under section 7(ii) of the A.T.A. 1997, and was sentenced to seven years R.I. with a fine of Rs.5,000 and in default whereof, he was to suffer further six months S.I. The sentences were to run concurrently. Benefit of section 382 B, Cr.P.C. was given to him. The conviction was passed in the case F.I.R. No.425, dated 11 8 2000, registered at Police Station Westridge, Rawalpindi, under sections 381 A/411, P.P.C. and 7 B, A. T. A. 2. Squadron Leader Arif Iqbal had…

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