Law: Pakistan Penal Code, 1860

Section: 148,149,302(b)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 141,151

Law: Anti Terrorism Act, 1997

Section: 7

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 148 & 149---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly, act of terrorism---Appreciation of evidence---Alteration of sentence of accused---Accused were charged for the murder of Police Officer who had solved some high profile cases of terrorism---Ocular account was furnished by two witnesses, who were related with deceased and were on way to visit the family---Said witnesses remained firm in their positions throughout the lengthy cross-examination---Eye-witness remained consistent---Other eye-witness was also cross-examined who remained firm---All that the defence desired to bring on record was to demonstrate that the witnesses were not present at the crime scene, as its case from the day one and that certainly did not warrant such an inordinate probe---Witnesses had survived entirely on their own and on a closer scrutiny, they were found inspiringly confirmatory in their depositions being least shaken on the fundamental issues of identification and roles played, captured by them in broad daylight, not far from their view---Identification tests had been carried out while observing anonymity as well as codal formalities and safeguards and, thus, safely provided confirmation of ocular account---No space was available to entertain hypothesis of substitution, otherwise a most rare phenomena antithetical to retributive human instinct, with no rancor or animus against the accused, situated in vastly divergent backgrounds, the witnesses had no apparent reason for false implication---Record transpired that Judicial Magistrate had faithfully supervised test identification parades wherein the witnesses had rightly picked the assailants, thus, prosecution evidence was found well synchronized to exclude every hypothesis of accused's innocence---Record revealed that accused and co-accused had been sentenced to death on two counts, however, forensic report to the extent of accused being in negative, though with no vitiating impact on his culpability, nonetheless, could be viewed as a mitigating circumstance to spare his life, therefore penalty of death awarded…

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