Law:

Section:

(a) Anti-Terrorism Act (XXVII of 1997)--- ----S. 7---Penal Code (XLV of 1860), Ss. 353, 324, 427 & 34---Sindh Arms Act (V of 2013), S. 23-A(i)---Attempt to commit qatl-i-amd, mischief causing damage to fifty rupees, possession of arms and ammunition, common intention, terrorism, assault or criminal force to deter public servant from discharge of his duty---Appreciation of evidence---Trial Court disbelieved prosecution evidence to the extent of main case and acquitted the accused from the charge under Ss. 353, 324, 427, 34, P.P.C. read with S. 7 of Anti-Terrorism Act, 1997---Trial Court believed the prosecution evidence in respect of connected cases without independent corroboration---No efforts were made by Police to capture accused who ran away easily from the scene of occurrence---Police encounter episode had already disbelieved by Trial Court---Memo of recovery revealed that number of weapons had not been described but prosecution witnesses had given description of weapons---Trial Court disbelieved defence plea (accused was arrested from house and weapons were foisted upon them in fake encounter) without assigning the reasons---Evidence of private witness was also not reliable because Police denied appearance of said witness in a number of Police cases but accused produced proof to show that he acted as witness in so many Police cases---Prosecution failed to prove its case against accused beyond any shadow of doubt---Appeals were allowed accordingly. Muhammad Akram v. The State 2009 SCMR 230; Tariq Pervez v. The State 1995 SCMR 1345; Shahid Iqbal v. The State 2016 MLD 230; Moinuddin alias Waseem v. The State 2016 YLR 523; Ishaq Ahmad v. The State through A.N.F. Police Station Airport Road, Gilgit 2017 PCr.LJ 522; Abdul Ghani and others v. The State 2007 YLR 969; Taufique Khan v. The State 2007 YLR 2953 and Muhammad Shafi alias Papan v. The State 2011 PCr.LJ 1424 ref. Tariq Pervez v. The State 1991 SCMR 1345 rel. (b) Criminal trial--- ----Benefit of doubt--- Scope--- Single circumstance which created reasonable doubt in a prudent mind about the guilt of accused would be enough for giving benefit of doubt to accused---Accused would be entitled to benefit…

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