Law:

Section:

Penal Code (XLV of 1860) --------- ----------S. 386 --------- Anti-Terrorism Act (XXVII of 1997), S.7 --------- Extortion by putting a person in fear of death or grievous hurt, act of terrorism --------- Appreciation of evidence --------- Benefit of doubt --------- Matter was reported to the Police after four days of occurrence --------- Alleged chit wherein amount of Rs.5000 was written and asked the complainant for handing over said amount to accused, did not bear the signatures and date --------- Alleged racketeering chit had not been proved by any cogent evidence that the same was prepared by accused --------- Recovery of the alleged racketeering amount being commonly available in the market, had no evidentiary value without independent corroboration --------- Conduct of the complainant had been noticed topsy-turvy --------- Prosecution version ran counter to the rational probabilities of an ordinary prudent person --------- Nothing was recovered from accused during the investigation --------- Prosecution's case had been found doubtful --------- Prosecution having failed to prove its case against accused beyond shadow of reasonable doubt, impugned of conviction and sentence was set aside, accused was acquitted of the charge and was released, in circumstances. THIS JUDGMENT DELIVERED BY: MAZHAR IQBAL SIDHU, JUSTICE:---------- This judgment will dispose of above captioned Criminal Appeal filed by Abrar Sheikh (appellant) as well as above captioned constitutional petition filed by the complainant for enhancement of sentence of the appellant, who was prosecuted to punishment by the learned Judge, Anti-Terrorism Court No. I, Multan in a case registered vide FIR No. 744 dated 06.10.2013 under section 386, P.P.C. read with section 7 of the Anti-Terrorism Act, 1997 at Police Station, Chahleyek, District Multan. Following convictions and sentences were imposed on the appellant: Abrar Sheikh. i) Five years rigorous imprisonment under section 386, P.P.C. and to pay fine to the tune of Rs.20,000/- and in default whereof to further undergo simple imprisonment for six months. ii) Five years rigorous imprisonment under section 7(h) of the Anti-Terrorism Act, 1997 and to…

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