Law:

Section:

Penal Code (XLV of 1860)--- ----Ss.302 (b) & 222---Anti-Terrorism Act (XXVII of 1997), S.7---Qatl-i-Amd, intentional omission to apprehend accused and terrorism---Appreciation of evidence---Circumstantial evidence---Inquiry report---Proof---Two under-trial prisoners were brought to hospital for medical treatment and on their way back to prison police party was attacked resulting into death of three policemen and escape of prisoners---After inquiry three persons were sent to face trial, which included doctor and commander of police party---Trial Court convicted doctor and commander of police party and sentenced them to imprisonment for life, while the third was acquitted---Validity---Main evidence was described by Trial Court as circumstantial---Even though conviction could be founded on circumstantial evidence in appropriate cases but such evidence should be reliable, cogent, not imaginary and consistent only with the guilt of accused---Police did not examine any member of Inquiry Committee as witness in support of inquiry report duly exhibited on record---Such failure pointed out weakness of prosecution case against accused---Serious gaps existed in the chain of events to constitute circumstantial evidence---Chain of evidence must be so complete that it could not have left any reasonable ground for the conclusion consistent with innocence of accused and must show that in all human probability the act must have been done by accused---High Court declined to maintain conviction on the basis of circumstantial evidence and held that the accused were wrongly convicted for the offences charged with---High Court set aside the conviction and sentence awarded by Trial Court and acquitted both the accused of the charge---Appeal was allowed in circumstances. JUDGMENT MIAN FASIH-UL-MULK, J.---On 12-8-2011 Muhammad Ilyas, Head Constable along with three other Constables namely, Tariq, Hussain Jaffer and Raees had taken under-trial prisoners Nadeem Abbas and Zaqeem from Central Jail, Peshawar to Khyber College of Dentistry (KCD) for their toothache treatment under the advice of Dr. Iftikhar, Dental Surgeon Central Jail Hospital. After examination of accused in the Khyber…

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