SHER MUHAMMAD vs ANTI-TERRORISM COURT NO — 2023 YLR 541 KARACHI-HIGH-COURT-SINDH

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SHER MUHAMMAD VS ANTI-TERRORISM COURT NO.IV, KARACHI DIVISION Ss. 324, 353, 384, 385, 386 & 34---Sindh arms act (V of 2013), S.23(1)(a)---anti-Terrorism act (XXVII of 1997), S. 7---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, extortion, putting a person in fear of injury in order to commit extortion, extortion by putting a person in fear of death or grievous hurt, common intention, possessing illicit arms, act of terrorism---appreciation of evidence---Mobile phone recovered from the possession of accused---Scope---Prosecution case was that the accused demanded extortion money from complainant and his father, issued threats of dire consequences to them, police tried to apprehend them when they reached for collecting extortion money, on seeing police, accused made firing upon police, in retaliation police also made firing, due to which accused persons were hit and fell down and were apprehended---In the present case, mobile phone was recovered from which some calls were made to the complainant belonged to a witness, an independent witness who had reported that his phone had been stolen from him by two persons on motor bike to which he lodged FIR---Said witness had no enmity with any one and had no reason to make up a false story and did not even know that his phone had been stolen by the accused as he was not in a position to identify the accused as the accused wore a muffler on his face when he robbed him of his phone---Call Data Record revealed that on the day of the incident calls were made from the phone which was recovered from the accused to the complainant at the very location where it had been arranged for the extortion amount to be collected---Circumstances established that the prosecution had proved its case against the accused, however the offences did not fall within the purview of the anti-Terrorism act as such accused was acquitted of the offences under the anti-Terrorism act---appeal was dismissed by maintaining the convictions and sentences with regard to the non-anti-Terrorism act offences so charged.

SHER MUHAMMAD vs ANTI-TERRORISM COURT NO — 2023 YLR 541 KARACHI-HIGH-COURT-SINDH

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