Law: Pakistan Penal Code, 1860

Section: 34,324,353

Law: Explosive Substances Act, 1908

Section: 4,5

Law: Anti Terrorism Act, 1997

Section: 7

Law: Sindh Arms Act, 2013

Section: 23(1)(a)

Penal Code (XLV of 1860)--- ----Ss. 324, 353 & 34---Sindh Arms Act (V of 2013), S. 23(1)(a)---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Anti Terrorism Act (XXVII of 1997), S. 7---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, possession of arms and ammunition, attempt to cause explosion, or for making or keeping explosive with intent to endanger life or property, making or possessing explosives under suspicious circumstances, act of terrorism---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused persons were stopped for checking purpose but they started firing upon the police party, which was retaliated with sophisticated weapons, which took place for about three to four minutes and then the police succeeded to arrest both the accused---One .30-bore pistol without number with one bullet stuck in the chamber and three bullets in magazine and hand grenade were recovered from the accused---Complainant stated that encounter continued for about three to four minutes, but surprisingly not a single injury/scratch was caused to either side---Even not a single bullet hit the police mobile---Admittedly, incident took place at main road therefore, the possibility of presence of private persons at road side could not be ruled out---Police failed to make any effort to join any independent person of the locality or passerby to witness the arrest and recovery proceedings---Accused allegedly were armed with hand grenades and pistols, but it was unbelievable that accused persons were arrested by the police without causing any harm to police---Expert of Bomb Disposal Unit in his evidence gave inspection report showing the numbers of hand grenades out of which one was rifle grenade, whereas official witness in his evidence had not mention any such detail---Charge framed by the Trial Court was silent with regard to the numbers, descriptions of the hand grenades and other necessary particulars of case, therefore, no reliance could be placed on the evidence of expert of Bomb Disposal Unit and its report---Complainant (Police official) had deposed that his…

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