Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 324, 353, 399, 402, 148 & 149---Pakistan Arms Ordinance (XX of 1965), S.13---Anti-Terrorism Act (XXVII of 1997), S.7---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, making preparation to commit dacoity, assembling for purpose of committing dacoity, rioting---Possessing unlicensed arms, act of terrorism---Appreciation of evidence---Prosecution had not been able to prove its case against accused---Trial Court had not appraised the evidence while drawing the impugned conclusion---Alleged encounter between accused persons and Police party continued for half an hour, but none of the Policemen or accused was hurt in the encounter---Even Police Mobile parked there was also not hit by any bullet---No recovery of crime weapon was effected from the possession of accused persons---Prosecution witnesses had stated that they saw accused persons on the head light of Police mobile, but certainly the identification on the head light of the Police mobile was weak type of evidence requiring strong corroboration, but the same was badly lacking---Alleged recovered weapon being never sent to the Ballistic Expert, alleged recovery was of no consequence, and without ascertaining the nature of weapon, punishment could not be awarded under S.13 of Pakistan Arms Ordinance, 1965 and it was the Ballistic Expert who could ascertain the nature of weapon, and its condition being functional or not---Impugned was lacking the ingredients of a judicial verdict for want of sound and valid reasons for arriving at the conclusion---Despite the absence of convincing positive evidence, accused were convicted, which in no circumstances could be sustained---Guilt against accused must rest surely and firmly on the evidence produced in the case, and plain inference of the guilt could irresistibly be drawn from the evidence---Prosecution had failed to bring the guilt home against accused up to the hilt---Conviction of accused persons being not warranted by law, of conviction, was set aside, in circumstances. Rahim Bux v. State 2010 PCr.LJ 642; Abdul Sattar and others v. The State 2002 PCr.LJ 51; Nazar…

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