Law:

Section:

(a) Anti-Terrorism Act (XXVII of 1997) --------- ----------S. 11-W & Fourth Sched. --------- Printing, publishing or disseminating any material to incite hatred or giving projection to any person convicted for a terrorist act or any proscribed organization or organization placed under observation for any concerned in terrorism --------- Appreciation of evidence --------- Benefit of doubt --------- Power to examine accused --------- Private witnesses regarding arrest and recovery not produced during investigation/trial --------- Co-accused released on same set of evidence --------- Source of prohibited material/pamphlet not found --------- No previous criminal record available on file --------- Accused, along with others, was alleged to have distributed pamphlets containing material of religious hatred --------- Trial Court convicted the accused under S. 11-W of Anti-Terrorism Act, 1997 and sentenced him to undergo imprisonment for five years along with payment of fine; and acquitted the co-accused giving him the benefit of doubt --------- Admittedly any witness from the public, who had been delivered the pamphlet allegedly held by the accused persons, had neither been associated with the investigation nor produced before the Trial Court, which was required to prove the alleged offence of disseminating, inciting religious, sectarian or ethnic hatred, punishable under S. 11-W of Anti-Terrorism Act, 1997 --------- No pamphlet from any person delivered by the accused persons could be recovered during the investigation --------- Prosecution witness/Investigating Officer had admitted that during investigation no proof of involvement of the accused with any proscribed organization had been found and his name was not mentioned in the Fourth Sched. of Anti-Terrorism Act, 1997 --------- No source of publication of the allegedly recovered pamphlets, the source from where the same had been obtained, could be dug out during the investigation and physical custody of the accused and acquitted co-accused --------- Culpability of the accused remained unwarranted, as the necessary ingredients to constitute mentioned offence were missing --------- Trial Court, disbelieving…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492