| Citation(s) |
|---|
| 2020 SLG 1361 2020 SLD 1361 2020 YLR 968 |
Sindh High Court
Spl. Crl. Anti-Terrorism Jail Appeal No. 220 of 2018, decision Dated: 25-04-2019, hearing Dates: 5th March and 22nd April, 2019.
AFTAB AHMED GORAR AND AMJAD ALI SAHITO, JJ
Nadeem Ahmed Azar for Appellant. Saghir Ahmed Abbasi, Assistant Prosecutor General, Sindh for
Respondent.
Spl. Crl. Anti-Terrorism Jail Appeal No. 220 of 2018, decision Dated: 25-04-2019, hearing Dates: 5th March and 22nd April, 2019.
AFTAB AHMED GORAR AND AMJAD ALI SAHITO, JJ
Nadeem Ahmed Azar for Appellant. Saghir Ahmed Abbasi, Assistant Prosecutor General, Sindh for
Respondent.
DANISH NIAZI
VS
THE STATE
Law: Penal Code (XLV of 1860)
Section: 385,386
Law: Anti Terrorism Act, 1997
Section: 7
(a) Penal Code (XLV of 1860)--- ----Ss. 385 & 386---Anti Terrorism Act (XXVII of 1997), S. 7---Putting a person in fear of injury in order to commit extortion, extortion by putting a person in fear of death or grievous hurt and act of terrorism---Appreciation of evidence---Accused was charged for receiving Bhatta from the complainant---Record showed that direct evidence was available in shape of evidence of complainant, an owner of a pan shop and had paid Bhatta money to the accused/appellant and when he refused to pay Bhatta to the accused/appellant, he was threatened to be implicated in false narcotic cases---Complainant, under pressure and coercion, had paid Rs.5,000/- for the first time to the appellant as Bhatta and on the second time, complainant paid Rs.3,000/- where police arrested him on the spot and recovered Rs.3,000/- Bhatta money from the possession of the appellant along with pistol and other articles---Complainant had supported the contents of the FIR as well as memo of arrest and recovery, which found corroboration from the other witnesses---Said fact was sufficient to hold that the accused/ appellant had committed the offence for which he had been charged---In the present case, eye-witnesses had sufficiently explained the date, time and place of occurrence as well as each and every event of the occurrence in clear cut manner---Witnesses were cross-examined by the defence at length, they remained consistent on all material points---Accused/appellant had failed to bring on record material to show animosity or ill-will with the complainant and the prosecution witnesses, thus, the competence of prosecution witnesses was rightly believed by the Trial Court---Prosecution had successfully proved its case against the accused/appellant beyond any shadow of a doubt, in circumstances---Appeal was dismissed accordingly. (b) Criminal trial--- ----Witness---Minor discrepancies in the statement of witnesses---Effect---Minor discrepancies in the statement of witnesses were not enough to demolish the case of prosecution because such discrepancies always occurred on account of lapse of time which could be ignored. (c) Criminal trial--- ----Procedural…
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