Law: Penal Code (XLV of 1860)

Section: 385,387,337-H,427,34

Law: Anti Terrorism Act, 1997

Section: 7

Law: Criminal Procedure Code (V of 1898)

Section: 154

(a) Penal Code (XLV of 1860)--- ----Ss. 385, 387, 337-H, 427 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Putting person in fear of injury in order to commit extortion, putting person in fear of death, or of grievous injury, in order to commit extortion, hurt by rash or negligent act, mischief causing damage to the amount of fifty rupees, common intention, act of terrorism---Appreciation of evidence---Benefit of doubt---Delayed FIR---Scope---Accused was allegedly to have demanded extortion from the complainant---First Information Report was lodged with a delay of two months---No prosecution witness including the complainant had ever seen the accused---Case against accused could not be categorically proved without a voice recording---Complainant himself had admitted that he had a bad memory and could not remember from which phone numbers the extortion calls were made---Police had arrested the accused within 5 hours of the lodging of FIR, which was unbelievable---Accused, at the time of his arrest, had informed that he was waiting for his potential accomplices yet none was arrested---Car of complainant was not inspected for bullet marks---Injuries caused to the complainants son were not relevant as the evidence proved that injuries had occurred when he had fallen off his motorbike---Prosecution could not prove that the demand of extortion was actually made from the complainant and even if such a demand was made from the complainant it was not proved by the prosecution beyond reasonable doubt that the accused had made the demand---High Court, while extending benefit of doubt to the accused, acquitted him of the charge, in circumstances. Azeem Khan v. State 2016 SCMR 274 and Fayyaz Ahmed v. State 2017 SCMR 2026 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---Information in cognizable cases---Delay in lodging FIR---Scope---Long unexplained delay in lodging FIR is very often fatal to the prosecution case as it gives the complainant an opportunity to concoct a false case against the accused. Muhammed Siddique v. State 2019 SCMR 1048 ref. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art.38---Confession to police officer---Scope---Confession made before the…

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