Law:

Section:

Anti-Terrorism Act (XXVII of 1997)--- ----S. 7(e)---Kidnapping for ransom---Appreciation of evidence---Benefit of doubt---Mobile telephone through which telephone calls with regard to kidnapping and demanding ransom money were received did not exist in the name of alleged abductee---Very evidence had created serious doubt as to whether there were mobile telephones with alleged abductee and his wife, in such eventuality considering of outgoing and incoming calls made of those mobile telephone numbers, became of little significance---Such piece of evidence of telephone calls said to have been received at the house of wife of alleged abductee or on her mobile telephone was inconsistent and did not corroborate the statement of wife of alleged abductee and could not be safely relied upon---Other major factor which had created a serious dent in the prosecution case was with regard to establishing of the fact of demand of ransom said to have been recorded on a cassette through Tape Recorder---Audio cassette though was produced in the court, but it never came to be played in the court nor was any evidence of expert witness to connect the voice recorded in audio cassette with that of accused, the alleged abductee and prosecution witness---Prosecution did not chose to have that prime corroborative evidence established in court by not playing the audio cassette and by not obtaining expert's opinion on it---Investigating Officer though was informed that ransom amount of Rs.40,000 was to be paid, but he took no steps for having the notes of ransom amount tainted or prepared their inventory, which was necessary to establish that the ransom amount recovered from accused was the same which was delivered by the wife of alleged abductee---Not having done so, it could not be said with surety that the ransom amount recovered from accused was the same which was delivered by the wife of alleged abductee---No independent person was examined by the Police who had gathered at the place of delivery of ransom amount and arrest of accused---Other evidence produced by the prosecution, did not prove the case of demand of ransom beyond reasonable doubt; and to that extent the prosecution…