Law: Penal Code (XLV of 1860)

Section: 365-A,170,171,34

Law: Anti Terrorism Act, 1997

Section: 7

(a) Penal Code (XLV of 1860)--- ----Ss. 365-A, 170, 171 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Kidnapping or abducting for extorting property, valuable security, etc., personating a public servant, wearing garb or carrying token used by public servant with fraudulent intent, common intention, act of terrorism---Appreciation of evidence---Benefit of doubt---Accused was charged that by showing himself to be FIA personnel he took the son of complainant in an inquiry, and later on demanded Bhatta/ransom of Rs. 30 lacs from complainant or else his son would be killed---Complainant deposed that he settled with the accused person an amount of Rs. one million and took 975000/= which he handed over to a person sitting on a motorcycle who introduced himself as a Brigadier and also showed him a card---After one hour, complainant again received a call from the accused person who demanded one lac more which the complainant arranged and handed over to the accused and after one hour his son was released by them---Complainant informed the CIA police that his son had been released---Prosecution witness, who was the real son of the complainant and the real brother of the abductee, narrated a different story in respect of the abduction and handing over the ransom to the accused persons---Said witness disclosed the time of the incident to be at about 0030 hours on 16-06- 2020---Said witness stated that the accused caught hold of abductee by the neck after which their sister shouted to which all house inmates came down---Complainant though claiming to be present had not deposed a single word about the said narration of his son---Eye-witness deposed that accused persons disclosed to him that abductee was harassing the daughter of a Brigadier and also showed him some screenshots of WhatsApp in which the name of abductee was visible---Said narration was also not supported by complainant who was also claiming to be available at the same time---Eye-witness gave further details in respect of the amount demanded by the accused persons sending him live locations to handover the amount to them, directing him to reach different places and ultimately he handed over the amount…

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