Law: Anti Terrorism Act, 1997

Section: 11-F(5)8

Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----Ss. 11-F(5) 8--Conviction and sentence--Challenge to--Allegation--Member of banned/prescribed orgnaization ‘jash-e-muhammad’-- No specific evidence, oral or documentary against appellant was found--There is no evidence to show that the, appellant did acts of nature mentioned above--It is relevant to mention that more serious offence alleged, higher shall be quality of evidence required to convict accused--Appreciating evidence brought by prosecution in this case in light of aforesaid Statutory Provisions, it is found that neither in depositions of either of four witnesses nor in form of any documentary evidence, it has come on record, that accused was indulging in terrorism or was part of any such activity--It is not even case of prosecution that appellant was directly or indirectly involved in any terrorist act prior to his apprehension in this case--In this scenario it was abundant duty of prosecution to collect legally admissible evidence to show that appellant was member of banned/proscribed organization--As such we have no hesitation in concluding that prosecution has not been able to bring on record any evidence qua commission of offence punishable U/Ss. 11-H, 11-I and 11-J of Anti-Terrorism Act, 1997--Held: It is a settled legal proposition that whenever prosecution comes up with a case which is full of doubts and is unbelievable, benefit shall always be given to accused--An accused is presumed to be innocent until he is found guilty--The burden of proof that he is guilty, is on prosecution and that prosecution has to establish its case beyond all reasonable doubts--Innocence of an accused can be dispelled by prosecution only on establishing his guilt beyond all reasonable doubts on basis of evidence--Prosecution has not been able to prove the guilt of appellant beyond shadow of doubt through un impeachable evidence--Granting benefit of dubt, appellant is acquitted. [Pp. 427, 428 431] A, B D Burden of proof-- ----Duty of prosecution--It is a settled legal proposition that whenever such like intelligence information is claimed to have been received, fair play demands that it should be reduced into writing in…

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