Law:

Section:

Anti-Terrorism Act (XXVII of 1997)---S. 7(h)---Pakistan Arms Ordinance (XX of 1965), S. 13-A(1)(c)---Acts of terrorism, unlicensed possession of arms and rockets etc.---Appreciation of evidence---Police encounter---Accused unrepresented during appeal before High Court---Scope---Accused was arrested in an injured condition during a police encounter---Accused was allegedly in possession of hand-grenades and a rifle at time of his arrest---Trial Court convicted and sentenced accused under S.7 of Anti-Terrorism Act, 1997 and S.13-A(1)(c) of Pakistan Arms Ordinance, 1965---Appeal filed by accused before the High Court was also dismissed---Contentions of accused were that serious prejudice was caused to him as no one appeared on his behalf before the High Court, and that he might have acted while exercising his right of self-defence---Validity---Manner of arrest as given by the prosecution was supported by the fact that at the time of arrest accused was found injured---Accused could not explain as to how he had sustained firearm injury, which was corroborated by medical evidence with regard to probable time of receiving injuries and the time of occurrence as given by the police---Accused was properly defended before the Trial Court and every witness was subjected to lengthy cross-examination by defence counsel---High Court referred to the defence version and only thereafter maintained conviction recorded by Trial Court---Prosecution had brought home charge against the accused---Version of accused was not corroborated by any independent circumstance---Appeal was dismissed accordingly. JUDGMENT TARIQ PARVEZ, J.---Appellant, Hakim Khan reportedly a proclaimed offender in number of cases, was arrested in an injured condition by Nazir Ahmed, SHO of Police Station Lawa, District Chakwal. 2. Background of the occurrence is that on 12-6-2004, a police party headed by Nazir Ahmed, SHO of Police Station Lawa and many others from the Police Department on the basis of information that the appellant and his co-accused Ali Noor @ Allah Noor who both were required in different criminal cases had set a shelter in the jungle in the mountains and have created a den wherefrom they are…

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