Law: Pakistan Penal Code, 1860

Section: 302(b),324,353

Law: West Pakistan Arms Ordinance (XX of 1965)

Section: 13(e)

Law: Criminal Procedure Code (V of 1898)

Section: 103

Law: Anti Terrorism Act, 1997

Section: 7

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324 & 353---Anti-Terrorism Act (XXVII of 1997), S.7---West Pakistan Arms Ordinance (XX of 1965), S.13(e)---Appreciation of evidence---Eye-witnesses were not found present at the site and they were about 1000 paces away---Occurrence had taken place at night, but no evidence about presence of electric bulbs at the place of Wardat was available---Complainant had made improvements at the trial---Ocular evidence did not inspire confidence---Eye-witnesses had not seen the accused firing on the deceased---Delay of twelve days in recording the statements of prosecution witnesses who were all police officials under S.161, Cr.P.C. and another delay of one month and eleven days in sending the recovered articles to Ballistic Expert were not explained by the prosecution---Medical evidence had not supported the ocular testimony---When ocular evidence was unreliable and doubtful, remaining evidence could not justify the conviction---No motive had been assigned to accused for committing the offence---Accused was acquitted in circumstances. Sobho v. The State 1982.PCr.LJ 243; Suleman and 2 others v. State 1981 PCr.LJ 434; Gulzar v. State 1976 PCr.LJ 419; Saeed Muhammad Shah v. The State 1993 SCMR 550 and Iltaf Hussain v. The State 1996 SCMR 167 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324 & 353---Recovery---Belated dispatch of recovered articles to Chemical Examiner---Effect---Delay of one month or more in dispatching the blood-stained articles to Chemical Examiner may be fatal to the admissibility of the recoveries. Sobho v. The State 1982 PCr.LJ 243; Suleman and 2 others v. State 1981 PCr.LJ 434 and Gulzar v. State 1976 PCr.LJ 419 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 103---Search to be made in presence of witnesses---Police responsibility--Non-cooperation of some public witnesses due to risk to their life and liberty, cannot absolve the police of their heavy responsibility to produce witnesses from public---Citizens of strong views and character would come out to support cases, provided they are taken into confidence, given due respect and ensured full protection. Iltaf Hussain v. The State…

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