Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 387---Anti-Terrorism Act (XXVII of 1997), S. 7-H---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Putting person in fear of death or of grievous hurt in order to commit extortion, possessing unlicensed weapon, act of terrorism---Appreciation of evidence---Benefit of doubt---Prosecution case was that accused persons, demanded Batha through phone calls from the complainant and extended threat of dire consequences in case of his failure to pay the amount of Batha---Complainant stated during the course of cross-examination that accused were innocent and he had charged the accused persons at the instance of Investigating Officer---SIMs of cell phone were not registered in the name of accused persons---Admittedly, during the course of investigation, Investigating Officer recorded statement of owners of the SIMs used in the offence but none of them had been involved in the case---Owners of the SIMs were examined in the court but their testimony was not of that caliber on the basis of which, accused could be punished--Circumstances established doubt in the prosecution case, benefit of which would resolve in favour of accused persons---Accused, in circumstances, were acquitted by setting aside conviction and sentence recorded by Trial Court. (b) Penal Code (XLV of 1860)--- ----S. 387---Anti-Terrorism Act (XXVII of 1997), S. 7-H---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Putting person in fear of death or of grievous hurt in order to commit extortion, possessing unlicensed weapon, act of terrorism---Appreciation of evidence---Benefit of doubt---Record showed that Investigating Officer recovered and took into his possession one pistol of 30-bore, two cell phones from the possession of the accused---Despite the fact that area/place, wherefrom the accused was arrested and recovery was made from his immediate possession, was thickly populated, Investigating Officer had not associated any private person to witness the arrest and recovery---Circumstances of the case created doubt about the veracity of alleged recovery---Accused, in circumstances were acquitted by setting aside conviction and sentence recorded by the…

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