Law: Anti Terrorism Act, 1997

Section: 7-H

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g),150

Law: Police Rules, 1934

Section: Vol.III,Ch.XXII,R.22.12,16,70

(a) Criminal trial--- ----Circumstantial evidence---Acidic test. Acidic test required in case of circumstantial evidence is as follows: (i) Whether the circumstances from which the conclusion of guilt is to be drawn are fully established. The circumstances concerned 'must or should' and not 'may be' established; (ii) Whether the facts so established is consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty; (iii) Whether the circumstances are of a conclusive nature and tendency; (iv) Whether the same exclude every possible hypothesis except the one to be proved; (v) Whether there is a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused, and (vi) Whether the chain is so connected and the different piece of circumstantial evidence had made one chain, an unbroken one where one end of it touched the crime and other neck of the accused. Azeem Khan and another v. Mujahid Khan and others 2016 SCMR 274; 2015 SCMR 155 and Sharad Birdhichand Sarda v. State of Maharashtra AIR 1984 SC 1622 rel. (b) Anti-Terrorism Act (XXVII of 1997)--- ----S. 7-H---Extortion of money---Appreciation of evidence---Allegation on the accused that he made demand and threatening calls to the complainant---Accused was apprehended along with mobile phone---Prosecution did not take any step to prove the ownership of mobile phone, allegedly shown to be of the complainant---SIMs and mobile phone recovered from the possession of accused had not been proved through recovery memo---No record of the concerned network company had been produced by the prosecution, showing the use, possession and ownership of said cell number by the accused at the relevant time---Such circumstances created doubts about the veracity of the prosecution case, which resolved in favour of accused---Appeal was allowed and conviction and sentence of accused was set aside in circumstances. (c) Anti-Terrorism Act (XXVII of 1997)--- ----S. 7-H---Extortion…

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