Law:

Section:

(a) Penal Code (XLV of 1860) --------- ----------Ss. 302(b) & 34 --------- Anti-Terrorism Act (XXVII of 1997), Ss.7(a) & 21-H --------- Qatl-i-amd, common intention, act of terrorism, conditional admissibility of confession --------- Appreciation of evidence --------- Evidence collected by Investigating Officer, had shown that none had seen the occurrence --------- Trial Court had based the impugned conviction on the statement of accused recorded under S.21-H of Anti-Terrorism Act, 1997, before a Senior Officer --------- Such conditional confession, was insufficient for conviction, until such statement was not corroborated through some unimpeachable, reliable, and trustworthy source or strong circumstances --------- Said confessional statement by itself could not constitute material evidence on which a criminal case could be based for conviction --------- Such confession would be read as a piece of evidence along with other implicating material on the record --------- Case of acquitted accused, being at par with the case of accused, rule of consistency demanded that accused, who was equally charged for same offence, must be treated equally --------- Police had failed in conducting proper investigation and submitted challan against accused under Special Law i.e. Anti-Terrorism Act, 1997 --------- Impugned conviction and sentence being not based on any evidence, was liable to be set aside --------- Conviction and sentence passed against accused, were set aside, and accused was acquitted of the charges against him, and he was released, in circumstances. (b) Qanun-e-Shahadat (10 of 1984) --------- ----------Art. 40 --------- Information received from accused, proof of --------- Benefit of Art.40 of Qanun-e-Shahadat, 1984 would go to prosecution, when an accused would lead the Police to the site of occurrence, which was still unknown to Police and that from the site, any signs relevant to the occurrence had been discovered. THIS JUDGMENT DELIVERED BY: YAR MUHAMMAD, JUSTICE:---------- Naeemullah son of Rehmat Diar (appellant), Taimoor Iqbal son of Javaid Iqbal and Waseeb-ur-Rehman son of Raees Khan were tried under sections 302, 114/34, P.P.C., section 21-L…

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