Law: Pakistan Penal Code, 1860

Section: 186,302,353

Law: Anti Terrorism Act, 1997

Section: 7(a)

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 353 & 186---Anti-Terrorism Act (XXVII of 1997), S. 7(a)---Qatl-i-amd, assault or criminal force to deter public servant from discharging of his duty, obstructing public servant in discharging of public functions, act of terrorism---Appreciation of evidence---Benefit of doubt---Prosecution case was that two pedestrians, when halted as suspects, fired upon the police party, due to which, one police official died, and the assailants decampted unscathed---Record showed that complainant was driving the motorbike, with deceased in his rear, when they confronted the accused persons at 9.45 p.m.---Tenor of the crime report suggested a sudden encounter wherein the accused resorted to firing at spur of the moment and fled from the scene immediately thereafter---Surprised by a sudden and brief assault during the night would certainly leave a little space to the witnesses to meticulously capture details thereof, particularly descriptive features of the assailants in the absence of a source of light conspicuously missing in crime report as well as in the notes of site plan---Lamp post and the electric bulb on a nearby gate though were mentioned in the site plan but without reference to distance inter se---Sketch mentioned one assailant only---Motorbike used by the constable was never taken into possession nor found mentioned in the site plan---Claim of prosecution regarding identity of the assailants purportedly picked up by the witnesses subsequently during a belatedly conducted test identification parade warranted serious reconsideration inasmuch as human response in a sudden crises situation, that too, momentary in duration would seldom space observations without risk of error---Accused were arrested from different places in quick succession with cache of contrabands on 28.5.2012 which was unexpected by all means and in that backdrop, results of test identification parade conducted as late as on 16.6.2012 hardly constituted a significant piece of evidence, particularly in view of the objection of accused raised before the Judicial Magistrate that they were exposed to the witnesses---Circumstances and facts of the…

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