Law: Anti Terrorism Act, 1997

Section: 7(a),7(d),21(i),21(L)

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

Section: 141,151

Law: Criminal Procedure Code (V of 1898)

Section: 382-B

Law: Pakistan Penal Code, 1860

Section: 148,149,302

Anti-Terrorism Act, 1997, (XXVII of 1997)-- ----Ss. 7(a), 7(d), 21(i), 21(L)--Pakistan Penal Code, 1860, Ss. 302, 149, 148--Conviction and sentence--Challenge to--Witnesses remained adamant in their positions throughout an awfully grueling and torturously lengthy cross-examination P.W. endured a cross-examination spreading over six hearings comprising 43 pages; unwavering and consistent throughout his ordeal, he returned unscathed from witness box--Exercise was a most uncharitable treatment meted out to a person who came forward in aid of justice--Even a man with most brilliant faculties would collapse--No doubt, accused's right to cross-examine a witness pointing his finger upon him in an adversarial trial is a most valuable right, nonetheless, right is to be exercised within framework provided under Articles 141 and 151 of Qanun-e-Shahadat Order, 1984--PW-24 was also cross-examined relentlessly and again with acquiescent condonation--Defence went far beyond available statutory space unfortunately with impunity--Insofar as quantum of sentence to be exacted from appellant is concerned, it warrants a most serious reconsideration--Assault upon State functionaries particularly tasked with administration of justice or maintenance of law and order is assault on State itself and, thus, must be visited in a manner squarely deterrent--Nonetheless, in present case, two accused have been awarded alternate penalty of imprisonment for life; they brought assailants face to face with deceased and whisked them away thereafter; State has not prayed for enhancement of their sentences--Appellants have been sentenced to death on two counts, however, forensic report to extent of appellant being in negative, though with no vitiating impact on his culpability, nonetheless, can be viewed as a mitigating circumstance to spare his life, therefore, penalty of death awarded to appellant is altered into imprisonment for life on each count; remainder of sentences are kept intact--Sentences shall run concurrently with benefit of Section 382-B of Code of Criminal Procedure, 1898. Cross-examination-- ----Purpose of--Purpose of cross-examination is not to hound or harass a witness--All that…

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