Law:

Section:

(a) Anti-Terrorism Act (XXVII of 1997)--- ----S. 7(a)(c)(h)---Pakistan Arms Ordinance (XX of 1965), S.13---Act of terrorism, possessing unlicensed arms---Appreciation of evidence---Benefit of doubt---Star witnesses, who were allegedly present on the spot at the relevant time; and sustained injuries from the firing of accused, their statements were not trustworthy---Prosecution had also failed to conduct identification parade of accused through injured prosecution witness---Lot of improvements and contradictions were made in the report of other star witnesses---Material contradictions were noticed in the statements of other prosecution witnesses---Arrest of accused was also doubtful, as no source had been given by the prosecution witnesses, as to who informed them about coming of accused; and how they identified him---Identification parade of accused had got no value as it had been conducted after 7 days of arrest of accused, without offering any explanation for such delay---Kind of weapon had not been mentioned by the complainant in his report---Non-specification of weapon in the hand of accused, reflected doubt regarding the presence of the complainant at the spot---Fifteen empties were recovered from the places, but it was not clear as to with whose fire shot the deceased was hit---Said empties were not sent on the same day to Forensic Science Laboratory, but were sent along with pistol recovered from possession of accused three days of their recovery---No finger prints on the pistols recovered, had been found, nor the same were sent to the Finger Prints Expert for opinion in order to strengthen the prosecution case---Blood of accused, and that of recovered from the spot, had also not been sent for comparison/matching the same in order to dig out the actual truth---No specific point of accused had been mentioned in the site plan---Name of accused was not mentioned in the site plan, which could establish his presence on the spot at relevant time---Many other material contradictions and loop-holes were in the prosecution case---Prosecution case was full of doubts, benefit of which would go to accused---Trial Court had not properly appreciated the evidence…

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