Law: Penal Code (XLV of 1860)

Section: 385,386,34

Law: Sindh Arms Act, 2013

Section: 23(i)A

Law: Anti Terrorism Act, 1997

Section: 7

(a) Penal Code (XLV of 1860)--- ----Ss. 385, 386 34---Sindh Arms Act (V of 2013), S. 23(i)A---Anti-Terrorism Act (XXVII of 1997), S. 7---Putting person in fear of injury in order to commit extortion, extortion by putting a person in fear of death or grievous hurt, common intention, possession of unlicensed weapon, act of terrorism---Appreciation of evidence---Sentence, reduction in---Accused were charged for demanding Bhatta from the complainant---First Information Report was lodged with promptitude which left no room for concoction---Complainant did not name the accused persons in the FIR and as such had no intention to fix them in a false case otherwise he would have named them with a specific role---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt, however, due to mitigating factors, the term of imprisonment of each accused was reduced from five years to three years---Appeal was dismissed with said modification in sentence. (b) Penal Code (XLV of 1860)--- ----Ss. 385, 386 34---Sindh Arms Act (V of 2013), S. 23(i)A---Anti-Terrorism Act (XXVII of 1997), S. 7---Putting person in fear of injury in order to commit extortion, extortion by putting a person in fear of death or grievous hurt, common intention, Possession of unlicensed weapon, act of terrorism---Appreciation of evidence---Sentence, reduction in---Presence of witnesses at the spot not doubted---Accused were charged for demanding Bhatta from the complainant---Complainant and other witness were independent witnesses who had no enmity with the accused and no reason to implicate them in a false case and gave evidence that they were present when the extortion money was handed over to the accused and when the police arrested the accused on the spot from whom the extortion money was recovered along with unlicensed pistols from each of the accused and mobile phone and SIM---Said witnesses acted as mashirs for the memo of arrest and recovery---Said witnesses were not chance witnesses and were not dented despite a lengthy cross-examination---Evidence of said witnesses was found to be reliable, trust worthy and confidence inspiring---Circumstances…

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