Law:

Section:

Penal Code (XLV of 1860)--- ----Ss...302, 324, 393, 398, 34---Anti-Terrorism Act (XXVII of 1997), Ss.7(i)(a) & 25 (4)---Qanun-e-Shahadat (10 of 1984), Art.22---Criminal Procedure Code (V of 1898), 5.417---Qatl-e-amd, attempt to commit Qatl­e-amd and dacoity---Appeal against acquittal---Identification parade---Delay---Effect---Non-mention of description of accused in F.LR.---Accused shown to prosecution witnesses---Complainant assailed acquittal of accused by Trial Court on the ground that accused had been rightly identified by prosecution witnesses during identification parade---Validity--Picking of accused by prosecution witness in identification parade before Magistrate was of no significance as the witness claimed to have had already seen the accused earlier at the time of his arrest---Even otherwise prosecution witnesses could have seen only partial glimpse of face of culprit and that too at a time when they were in the state of terror, therefore, identification test held after two months of such occurrence was not of much value---Simple identification of accused in delayed identification parade was not material especially when no specific role of accused in commission of crime was described during that identification parade---Trial Court had appraised relevant evidence available on record by making threadbare examination of each relevant piece of evidence, supported by reasons based on record and no prosecution evidence, incriminating in nature was misread or omitted from consideration or not appraised in its true perspective---Judgment of acquittal was unexceptionable and did not suffer from any factual or legal infirmity and the same was based on fair and legal appreciation of evidence on record with sound reasons---Judgment of acquittal did not call for interference by High Court as double presumption of innocence was attached to the accused---Complainant failed to show that findings of Trial Court were perverse, illogical, artificial, ridiculous or based on mis­reading of evidence leading to miscarriage of justice---Appeal was dismissed in circumstances. JUDGMENT NISAR MUHAMMAD SHAIKH, J.---Through this acquittal appeal, the appellant has…

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