Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 365-A, 353, 324 & 419---Anti-Terrorism Act (XXVII of 1997), S.7(b)(e)(h)---Pakistan Arms Ordinance (XX of 1965), S.13---Qanun-e-Shahadat (10 of 1984), Art.22---Abduction for ransom, assault or criminal force to deter public servant from discharge of his duty, attempt to commit murder, cheating by personation, act of terrorism and possessing unlicensed arms---Appreciation of evidence---Glaring contradictions existed between the star witnesses of the case---Identification parade---Evidentiary value---Accused was known to the abductee prior to the identification parade and parade was conducted after more than two months of the occurrence---Such identification parade had no evidentiary value at all in the eye of law---Trial Court, in the present case, had convicted accused without looking at the substance of evidence adduced at the trial---Impugned , which had caused miscarriage of justice, was unsustainable in the eyes of law---Conviction and sentence recorded by the Trial Court were set aside, and accused was acquitted from all the charges levelled against him, and he was set at liberty, in circumstances. (b) Criminal trial--- ----Benefit of doubt---Entitlement---Not necessary that there should be many circumstances creating doubt; if there was circumstance, which created reasonable doubt in a prudent mind about the guilt of accused, then he would be entitled to the benefit of doubt, not as a matter of grace and concession, but as a matter of right. Tariq Pervez v. State 1995 SCMR 1345 rel. JUDGMENT SYED AFSAR SHAH, J.---Since the instant Jail Criminal Appeal bearing No.469 of 2011 titled "Zahid Hussain v. The State" and J.Cr.A. No.463 of 2011 having the same title are outcome of the same incident, therefore, by way of this single judgment we would like to dispose of both the appeals. 2. The story of prosecution as discussed in the F.I.R. Exh.PA, which has been registered on the basis of murasila Ex.PA/1, may briefly be narrated as follows. 3. On 16-9-2008, Sher Aman, S.H.O. to Police Station Lund Khwar Mardan was on gusht of the Illaqas, when at about 730 hrs Saiful Islam made him a report to the effect that he is…

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