Law: Penal Code (XLV of 1860)

Section: 302/324/353

Law: Anti Terrorism Act, 1997

Section: 7(a)

Penal Code (XLV of 1860)----- ----Ss. 302/324/353---Anti-Terrorism Act (XXVII of 1997), S.7(a)--¬Appreciation of evidence---No description of accused was given in the F.I.R.---Features of none of the accused were mentioned in F.I.R. nor it was mentioned therein that either the complainant or prosecution witness had identified or had even properly seen the accused from the opposite side---Occurrence had taken place at night and accused allegedly had fled away after firing at the deceased---Weapons of offence were not recovered from the accused during investigation---Prosecution story was full of inconsistencies, contradictions and improbabilities--Eye-witnesses had made improvements in their statements on a number of material points---On the basis of evidence of such nature, conviction could not be recorded on capital charge---Eye-witnesses had failed to establish that they had actually seen the culprits clearly at the time of occurrence or had remembered their features---Subsequent identification of accused by eye-witnesses during identification parade, in circumstances, was without any legal importance---Medical evidence was merely a corroborative piece of evidence and in absence of reliable ocular account, medical evidence could not be considered as corroborative piece of evidence--¬Prosecution story being full of improbabilities, doubts and improvements, benefit of doubt had to go to the accused---Conviction and sentence recorded against accused by Trial Court, were set aside and giving them benefit of doubt, they were acquitted of the charge. State through Advocate-General, Sindh, Karachi v. Farman Hussain and others PLD 1995 SC 1; Lal Pasand v. The State PLD 1981 SC 142 and Abdul Sattar and others v. The State 1981 SCMR 678 ref. THIS JUDGMENT DELIVERED BY: RUSTAM ALI MALIK, JUSTICE:---.--- This judgment will dispose of Criminal Appeal No. 1583 of 2002, Criminal Appeal No. 1668 of 2002 and also Murder Reference No. 80-T of 2002, all arising out of the judgment, dated 4-9-2002 passed by the learned Judge, Anti-Terrorism Court No. 1, Gujranwala. Vide the impugned judgment the appellants namely Tanvir Ahmad, Basharat Ali, Muhammad Tasawwar and Qamar Shahzad…

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