Law:

Section:

Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6 & 7(h)--- Penal Code (XLV of 1860), Ss. 384 & 386--- Extortion, demanding Bhatta and aerial firing--- Appreciation of evidence--- Benefit of doubt---Accused was convicted by Trial Court and sentenced to imprisonment for five years--- Validity--- Trial Court could not have convicted and sentenced an accused for offense under S. 7(h) of Anti-Terrorism Act, 1997 as mere firing in area for bhatta did not ipso facto bring case within purview of S. 6 of Anti-Terrorism Act, 1997 so as to brand action as terrorism--- Ingredients for extortion of money were not satisfied, bhatta money, pistol and empties were not sealed at the spot---Overwriting was noticed in Mushirnama of arrest and recovery without explanation by prosecution---Several circumstances existed which created reasonable doubt in the case of prosecution---If a single circumstance which created reasonable doubt in a prudent mind about guilt of accused, accused was entitled to benefit not as a matter of grace and concession but as a matter of right--- High Court set aside conviction against accused by extending him benefit of doubt--- Accused was acquitted in circumstances. Sagheer Ahmed v. The State and others 2016 SCMR 1754; Khuda-e-Noor v. The State PLD 2016 SC 195 and Amjad Ali and others v. The State PLD 2017 SC 661 ref. Tariq Pervez v. The State 1995 SCMR 1345 rel. THIS JUDGMENT DELIVERED BY: NAIMATULLAH PHULPOTO, JUSTICE:---.--- Appellant Mohammad Aslam was tried by learned Judge, Anti-Terrorism Court No.VII Karachi in Special Case No. 71/ 2014 (B-199/2014) and Special Case No. 75/2014 (B-200)/2014. After full-dressed trial, by judgment dated 28.03.2015, appellant Mohammad Aslam was convicted under Section 7(h) of the Anti-Terrorism Act, 1997 to 05 years' R.I and to pay fine of Rs.15000/-. In case of default in payment of fine, appellant was ordered to undergo S.I for 01 month more. Appellant was also convicted under Section 23(1)(a) of the Sindh Arms Act, 2013 and sentenced to 05 years R.I and to pay fine of Rs.15000/- and in case of default in payment of fine, appellant was ordered to undergo S.I for 01 month more. Aforesaid sentences were…

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