Law: Penal Code (XLV of 1860)

Section: 302(b),365-A,34

Law: Anti Terrorism Act, 1997

Section: 7

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 365-A & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, kidnapping or abduction for extorting property, valuable security, etc., common intention, act of terrorism---Appreciation of evidence---Benefit of doubt---Delay of three days in lodging FIR---Consequential---Accused was charged that he along with his accomplices kidnapped son of complainant in furtherance of their common intention; demanded ransom amount and due to non-payment, committed his murder---Record showed that the dead body surfaced on 23.09.2015 and as per evidence of the complainant, he had received the last call for ransom on 19.09.2015 however, the FIR was registered on 26.09.2015---Delay in FIR had not been explained as to why after receiving the dead body on 23.09.2015, FIR was not registered on the same day but was registered on 26.09.2015 after a delay of three days and on enquiry the complainant who was present in Court stated that he was busy in consultation with his relatives as he had suspected that the offence would have been committed by accused and others--- However, neither the complainant disclosed the source of information in respect of the involvement of accused persons as to how he came to know that accused persons had committed the offence of kidnapping his son and thereafter murdering him nor anything was mentioned in the FIR in that respect---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 365-A & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, kidnapping or abduction for extorting property, valuable security, etc., common intention, act of terrorism---Appreciation of evidence---Benefit of doubt---Confessional state-ment of accused---Doubtful---Accused was charged that he along with his accomplices kidnapped son of complainant in furtherance of their common intention; demanded ransom amount and due to non-payment, committed his murder---As per confessional statement, accused brought the kid to the railway station where…

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