Law: Anti Terrorism Act, 1997

Section: 8,9,11-F(5),11-H,11-N.11-I,11-J

(a) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 8, 9, 11-F(5), 11-H, 11-N, 11-I 11-J---Prohibition of acts intended or likely to stir up sectarian hatred, membership, support and meetings relating to a proscribed organization, funding arrangements---Fund raising---Appreciation of evidence---Benefit of doubt---Accused was charged for collecting money for the banned organization being its active member---Admittedly, no specific evidence, either oral or documentary, had been placed, proved or relied on record which could show that the accused was member of the banned organization or had any proximate or otherwise nexus with that organization---Just because a handful of police official of CTD had given a tag of member of banned organization to the accused, that did not become a conclusive proof of accused being member of banned organization---No evidence to show that the accused did act of the nature---More serious the offence alleged, higher shall be the quality of evidence required to convict the accused---Appreciating the evidence brought by the prosecution, it was found that neither in the depositions of either of the four witnesses nor in the form of any documentary evidence, it had come on record that the accused was indulging in terrorism or was part of any such activity---Admittedly, accused had not any terror or criminal history of any sort and he had absolutely clean antecedents---Case of prosecution was not that the accused was directly or indirectly involved in any terrorist act prior to his apprehension in the case---In such circumstances it was abundant duty of the prosecution to collect legally admissible evidence to show that the accused was member of banned/ proscribed organization---Prosecution had not been able to bring on record any evidence qua commission of offence punishable under Ss. 11-H, 11-I 11-J of the Anti-Terrorism Act, 1997---Circumstances established that the prosecution had not been able to prove the guilt of the accused beyond shadow of doubt through unimpeachable evidence---Appeal against conviction was allowed, in circumstances. (b) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 8, 9, 11-F(5), 11-H, 11-N, 11-I 11-J---Prohibition…

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