Law: Anti Terrorism Act, 1997

Section: 7

Law: Explosive Substances Act, 1908

Section: 4,5

(a) Anti-Terrorism Act (XXVII of 1997)--- ----S. 7---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Act of terrorism, making or keeping explosive with intend to endanger life or property---Appreciation of evidence---Benefit of doubt---Contents of FIR and prosecution case was that one hand grenade wrapped in a plastic bag was recovered from the pocket of shalwar of the accused---Inspection report of Bomb Disposal Unit showed that one rifle grenade in live condition was inspected at the police station, which if used with proper technique would have caused loss of lives and damage to properties---Big difference existed between a hand grenade and a rifle grenade---FIR, challan and inspection report of Bomb Disposal Unit created doubt and suspicion as to the nature and description of the alleged recovery from the accused-appellant---Contradiction existed in the case with regard to nature of recovery of weapon from accused-appellant---False implication of the accused-appellant could not be ruled out in circumstances---Record transpired that Trial Court had framed the charge against the accused-appellant for alleged recovery of rifle grenade, which was not the basis of FIR as well as recovery memo and challan sheet---Column No. 5 of challan sheet showed overwriting in the column---Judgment of the Trial Court on that ground was not sustainable in the eye of law---Circumstances established that prosecution had failed to prove the case against the accused-appellant, accused-appellant was acquitted by setting aside conviction and sentence recorded by the Trial Court. (b) Criminal trial--- ----Benefit of doubt---Principle---If a single circumstance created reasonable doubt in the prudent mind about the guilt of the accused, he would be entitled to such benefit not as a matter of grace, but as a matter of right. Tariq Pervez v. The State 1995 SCMR 1345 and Muhammad Akram v. The State 2009 SCMR 230 rel. THIS JUDGMENT DELIVERED BY: ABDUL MAALIK GADDI, J.--- Through instant appeal, the appellant has challenged the Judgment dated 23.12.2015 passed by the learned Judge, Anti-Terrorism Court No.1, Karachi in Special Case No.A-304 of 2014 (Re: The State v. Aqeel Ahmed…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492