Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 224, 225/149, 148/149, 353/149 & 337-L(2)---Anti-Terrorism Act (XXVII of 1997), S.7(h)---Resistance or obstruction to lawful apprehension, rioting, assault or criminal force to deter public servant from discharge of his duty, hurt---Appreciation of evidence---Probability that a distorted story had been fabricated by the prosecution witnesses to give coverage to their unlawful act of having raided the house of the accused without fulfilment of the requisite legal requirements of law, could not be ruled out which had given rise to a strong impression as to the correctness of the defence version preferred by the accused during their statements recorded under S.342, Cr.P.C.---Cross-examination on the prosecution witnesses by defence was also consonant with the defence plea of the accused---Ocular testimony was in direct conflict with medical evidence---Prosecution had not set out the motive of the incident honestly---Police had failed to justify the action of raid---Ocular evidence in the absence of any corroboratory evidence could not be relied upon---Accused were given benefit of doubt and acquitted in circumstances. JUDGMENT SHAHID HAMEED DAR, J.---Muhammad Khan, Farrukh Javed and Zafar lqbal appellants were convicted under sections 224, 225, 149, 148/149, 353/149, 337-L(2)/149 P.P.C., read with section 7(h) of the Anti-Terrorism Act, 1997/149 P.P.C. and sentenced by learned Special Judge, Anti Terrorism Court, Sargodha vide judgment dated 17-4-2007 as under:-- Farrukh Javed (Appellant). (i) Convicted under section 224, P.P.C. for intentional resistance and obstruction to his lawful apprehension and sentenced to undergo two years' R.I. Muhammad Khan and Zafar lqbal (Appellants). (i) Both appellants were convicted under section 225/149, P.P.C. for showing resistance and obstructing lawful apprehension of Farrukh Javed (appellant) who was required in a criminal case under section 365(B), P.P.C. and sentenced to undergo three years' R.I. each with a fine of Rs.10,000 each, in default whereof to further undergo six months' S.I. each. (ii) Both were also convicted under section 148/149, P.P.C. and sentenced to three years' R.I.…

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