Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Anti Terrorism Act, 1997

Section: 7

Penal Code (XLV of 1860)--- ----S.302(b)---Anti-Terrorism Act (XXVII of 1997), S.7---Qatl-i-amd, act of terrorism---Appreciation of evidence---Benefit of doubt---Motive ascribed in the case was not substantiated by any cogent reasoning, rather same remained shrouded in mystery---Two independent witnesses, who stated that they knew nothing about the occurrence, were declared hostile, and despite lengthy cross-examination, the prosecution had failed to detect anything out of their statements favouring the prosecution case---Complainant who was closely related to the deceased, and had also failed to establish his presence at the place of occurrence at the relevant time, his statement was pregnant with material lacunas---Complainant, in order to bring his case closer to the medical evidence, had made material improvements, which had shattered his testimony---Ocular account was belied by the medical evidence---Empties, recovered from the place of occurrence, were dispatched to the Office of Forensic Science Laboratory after about 18 days of recovery of crime weapon---Ocular account was always deemed to be principal evidence, and all the other material evidence, which was recorded/collected at a belated stage, was considered as corroboration---When ocular account was not confidence inspiring, and left room for suspicion, other attending circumstances in the shape of corroboration, had to be scrutinized with care and caution before giving due weight---Possibility existed that someone else had committed the occurrence, which was apparent from the number of injuries on the person of deceased; and possibility of false implication of accused, in the case could not be ruled out---Prosecution had failed to satisfy on number of other characteristics of the case---Prosecution having not been able to establish its case against accused, conviction passed against accused by the Trial Court, in circumstances, was against all canons of law recognized for the dispensation of criminal justice---Extending benefit of doubt to accused; his conviction and sentence, were set aside, he was acquitted of the charges and was directed to be released in circumstances. Hadi Bakhsh v. The State…