Law: Anti Terrorism Act, 1997

Section: 27

Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----S. 27--Defective investigation--Appeal dismissed--Conviction upheld--Investigation in case registered u/Ss. 365-A, 342, 171, PPC & 17(3) Haraabah and 7 ATA--Two appellants in connected Criminal Appeal were police officers and charge for defective investigation--Local police failed to conduct initial inquiry and then investigation in accordance with requirements of law and police rules; as neither FIR was registered nor order of Magistrate for conducting inquiry was obtained; and even record of inquiry was not made available so as to ascertain what proceedings were conducted by S.I. who was entrusted with inquiry under Section 156 CrPC by SHO on receipt of application/complain of complainant--This conduct of S.I gave rise to suspicion that he might have suppressed material facts and evidence which could lead to conviction of accused in case--Police inspector have failed in his duty of carrying out investigation properly and diligently and also to pursue case properly, has enumerated in detail in impugned order by learned judge--Trial Court pointed out that said inspector failed to inquire about fact of abduction in area where he was allegedly carrying out of cloth, and as such, collected no evidence--He also failed to bring inquiry file on judicial record in order to ascertain whole proceedings conducted--I.O. was under obligation not only to question complainant but also to take into custody motor car as same was material fact for establishment of case and determination of guilt of accuse; but reply of I.O. demonstrated his inability and incompetency besides his unwillingness to work for finding out truth--Disciplinary action for misconduct and criminal case for breach of trust; but they were spared of disciplinary action and criminal case for breach of trust; and only convicted under Section 27 of Anti-Terrorism Act, 1997--Appeals was dismissed. THIS JUDGMENT DELIVERED BY: Qalandar Ali Khan, J.- The judgment in this criminal appeal shall also disposed of the connected Criminal Appeal No. 21-P/2013 by SHO Sher Afsar Khan and S.I Irshad Khan as appellant in this criminal appeal, Inspector Said Rahim as well as…

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