Law:

Section:

Penal Code (XLV of 1860)------Ss. 384, 385 & 386---Anti-Terrorism Act (XXVII of 1997), S.7---Extortion by putting a person in fear of death or grievous hurt and terrorism---Appreciation of evidence---Bhatta, receiving of---Proof---Accused was convicted by Trial Court and sentenced to imprisonment for seven years---Validity---Prosecution specifically made a cell phone to be that of absconding accused on which complainant either himself contacted or he was phoned from such cell phone number but not a single proof in shape of data of such SIM number or that of complainant had been produced to strengthen claim of demand of money---Investigating officer did not make any effort to inquire about the person on whose name such SIM was issued---Accused was not found possessing any phone at the time of his arrest---Prosecution failed to prove that alleged chit of Bhatta was given by accused; amount of Bhatta was given to accused; alleged SIM was in the name of accused; it was accused with whom complainant contacted; and accused ever demanded any Bhatta from complainant---In absence of such factors it would not be safe to hold that prosecution had proved the charge---Prosecution could not succeed in establishing charge against accused who per his statement under S. 342, Cr.P.C. was only 15 years of age---No conviction could sustain on such type of evidence where direct evidence was not reasonable, confidence inspiring and natural---High Court set aside the conviction and sentence awarded by Trial Court and accused was acquitted of the charge---Appeal was allowed in circumstances. Muhammad Afzal v. The State 2009 SCMR 436 rel. JUDGMENT SALAHUDDIN PANHWAR, J.---Through above captioned appeal, appellant has assailed judgment dated 5th August, 2013 passed by Anti-Terrorism Court-II, Karachi East, in Special Case Nos.B-205 and 206 of 2013 (Re: the State v. Irfan) whereby appellant was convicted under sections 384, 385, 386/34, P.P.C. and section 13-D, Arms Ordinance read with section 7 of the Anti-terrorism Act, 1997 to suffer R.I. for 5 years with fine of Rs.20,000. 2. Precisely, relevant facts are that complainant Muhammad Mehmood Ansari lodged F.I.R. bearing crime…

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