220/2018 Spl.Anti.Ter.J.A. DANISH NIAZI S/O NAEED AKHTAR (Appellant) V/S THE STATE (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Aftab Ahmed Gorar, Hon'ble Mr. Justice Amjad Ali Sahito(Author)
Order Date: 22-APR-19
Appellant Danish Niazi dissatisfied with the judgment passed by the learned Judge, Anti-Terrorism Court, whereby the appellant was convicted under section 7(I)(h) of the ATA, 1997 read with sections 385, 386 PPC and sentenced him to suffer R.I. for five (5) years and to pay fine of Rs.50,000/- Complainant reported that he is running a Pan Shop one boy came at his shop and demanded Bhatta amounting to Rs.15,000/- by showing his association with the agencies and also threatened to get his pan shop closed .After some negotiations, the accused agreed to receive Rs.5,000/- as Bhatta, hence the accused obtained Rs.5,000/- Again , he received a phone call on his mobile The caller introduced himself as Danish Niazi and told the complainant that he is coming to receive Bhatta amount. When the accused Danish Niazi came at about 09:00 p.m., the complainant given him an envelope in which Rs.3,000/- were kept (06 currency notes of Rs.500/- each). And while he was receiving the said Bhatta amount, he was caught red-handed by the police, along with one 9mm pistol, rubbed number, loaded with the magazine having 05 live rounds. where the direct evidence holds the field as well stands well with test of its being natural and confidence inspiring then requirement of independent corroboration is only a rule of abundant caution and not a mandatory rule to be applied invariably in each case. The direct evidence, as detailed above, is in shape of evidence of complainant Muhammad Abbas, who is an owner of a pan shop and had paid Bhatta money to the appellant( Danish Niazi) and when complainant refused to pay the Bhatta to the appellant, he was threatened to implicate him in false narcotic cases. Convictions and sentences awarded to the appellant are hereby maintained and the instant Spl. Crl. Anti-Terrorism Jail Appeal was dismissed .Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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