Law: Pakistan Penal Code, 1860

Section: 384,385,386

Law: Pakistan Arms Ordinance (XX of 1965)

Section: 13(d)

Law: Anti Terrorism Act, 1997

Section: 7(b)

(a) Criminal trial--- ----Burden of proof--- "Stare decisis", doctrine of--- Scope---Presumption of innocence---Burden was always upon the prosecution to prove the case beyond shadow of doubt---Such principle, fell within the doctrine of "stare decisis"---Mere heinous nature of offence, was not sufficient to convict accused because, accused would continue with presumption of innocence, until found otherwise at the end of the trial. (b) Penal Code (XLV of 1860)--- ----Ss. 384, 385 & 386---Anti-Terrorism Act (XXVII of 1997), S.7(b)---Pakistan Arms Ordinance (XX of 1965), S.13(d)---Extortion by putting a person in fear of injury, death or grievous hurt, act of terrorism, possessing unlicensed arms---Appreciation of evidence---Allegation against accused persons was that they were demanding "Bhatha", but no proof was available in the shape of any slip/parchi containing the demand of alleged 'Bhatha'---Prosecution witnesses, had nowhere stated that accused persons intentionally put them in fear of death or of grievous hurt---Witnesses had failed to substantiate the charge of extortion through any concrete and confidence inspiring evidence---Prosecution, in circumstance, could not prove the extortion within the meaning of S.386, P.P.C.---Prosecution had not brought any material on record to establish that alleged act of accused persons, demanding 'Chandah' (Bhatha) was so designed that it could fell within the scope of "terrorism"---Prosecution nowhere claimed that any threat was given to extort money, which might have created sense of insecurity amongst the masses on vast scale or a particular area---None of the witnesses had stated that they even knew that accused were armed, or the demand was by show of force or weapon---Show of weapon or even threat, lacked in the present case, which negated the basic ingredients of "terror"---Accused persons were not alleged to have offered any resistance or least attempted to use the allegedly recovered pistols at the time of their arrest---Accused persons were not found to have nexus with any organization, or any mafia, involved in collecting extortion of money (Bhatha)--- Material contradictions in the evidence of…

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