Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 324 & 34---Anti-Terrorism Act (XXVII of 1997), S.7(c)---Attempt to commit qatl-i-amd, common intention, act of terrorism---Appreciation of evidence---No worth reliance evidence was available to connect accused persons with the alleged crime---Investigating Officer, just filled in the blanks and booked accused persons without collecting any circumstantial or corroboratory evidence---Two confessional statements of accused, were mutually destructive---Two site plans were prepared on the pointation of accused in the presence of Magistrate; one site plan was prepared on the pointation of co-accused; which showed lack of the standard and transparency of investigation carried out in the case---Pistol and crime empties, which were recovered on different dates, were sent together to Forensic Expert after a long and inordinate delay, which had reduced value of such recovery---Contention that no question was asked from the Investigating Officer about any tampering, would not absolve the prosecution from its duty---If the question regarding delay in sending the crime empties was not put to the Investigating Officer, the prosecution had to suffer for its consequences, and not the accused---After discarding the evidence of recovery, and its positive report, there remained nothing with the prosecution to maintain conviction of accused persons---Every piece of evidence produced by the prosecution, were mutually destructive---Prosecution having failed to connect accused persons with the crime, both accused persons were acquitted from the charges levelled against them and were released forthwith, in circumstances. (b) Anti-Terrorism Act (XXVII of 1997)--- ----S. 21-H---Conditional admissibility of confession---Scope---Court, while considering the vires of S.21-H of the Anti-Terrorism Act, 1997 and its implications, had to see two vital aspects, firstly, its admissibility; secondly its voluntariness---If S.21-H of the Anti-Terrorism Act, 1997, would be considered admissible in evidence, then its voluntariness, would be a question mark; because, if an accused was willing to confess his guilt, what were the extraordinary circumstances,…

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