Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302(b), 34, 109 & 212---Anti-Terrorism Act (XXVII of 1997), Ss.7(a), 21-L & 21-J---Qatl-e-amd, common intention, abetment, harbouring offender, act of terrorism---Appreciation of evidence---F.I.R., though had been lodged promptly, but same did not mention name of any assailant responsible for the occurrence---Impugned /order, did not refer to extra judicial confession of accused persons, but at one place of said Trial Court had very confusedly used the words "extra judicial confession" and "confession"---"Confession" of one of prosecution witnesses, who was not amongst the accused persons, could not be termed as "extra judicial confession"---Prosecution story had mentioned the explosion on the scene of occurrence, but Investigating Officer had conducted investigation negligently by omitting, to dispatch the parts of the same explosive instrument to the expert---Such kind of conduct in the investigation had rendered a very important part of prosecution evidence, not proved---Trial Court did not discuss evidence of any prosecution witness regarding the offence of harbouring while passing the impugned /order, except the statement of one of accused recorded under S.21(h) of Anti-Terrorism Act, 1997 which was not admissible in evidence---Prosecution had released one of accused under S.169, Cr.P.C., while the role attributed to said accused and the one who was convicted was very similar---No direct or circumstantial evidence was on record, connecting accused persons with the occurrence---None of prosecution witnesses attributed any role to accused persons in commission of the occurrence---Accused persons, were acquitted and were directed to be released, in circumstances. PLD 1998 SC 1445-1462 and SAC Criminal Appeal No. 10/12 P. 17 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD ALAM, J.--- Through this Criminal Appeal, convicts/ appellants have challenged judgment/order dated 2-7-2012, passed by the learned Judge Anti-Terrorism Court No.II, Gilgit, whereby, the learned trial Court has convicted and sentenced convicts/appellants as under:-- "In the wake of the above discussion, I hold that the prosecution has proved the case…

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