Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Anti Terrorism Act, 1997

Section: 7

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Anti Terrorism Act, (XXVII of 1997), S. 7--Conviction and Sentence--Challenge to--Appreciation of Evidence--Benefit of Doubt--Acquittal of--Complainant is not eye-witness of occurrence and he has also admitted this fact in his statement--Driver of taxi motorcar who dropped deceased at spot, was an import impartial witness, but he has not been cited as a prosecution witness--It is an unseen occurrence, as none has come forward to furnish ocular account--Prosecution case hinges on confessional statements of appellants and circumstantial evidence in shape of recovery of empty shells from spot and positive FSL report in respect thereof showing empties to have been fired from one and same weapon and cell phone data of appellants coupled with CDR report--Confessional statements of appellants have been recorded on 08th day of their arrest--During this period of 08 days, appellant admittedly remained in police custody--As regards torture, record divulge that juvenile appellant has submitted an application to Justice of Peace, through his father, on ground he had been arrested by CTD, in instant case, but his arrest has been shown, as well as that during custody he was subjected to torture, which resulted in to paralysis of his both hands--Confessional statement of a child is required to be evaluated carefully--No crime weapon has been recovered on pointation of appellants--Confessional statements of appellants recorded by Magistrate, in light of peculiar facts and circumstances, discussed above being involuntary and result of torture is most suspicious piece of evidence in whole case, besides having been retracted one--It might be right that retracted confession, if corroborated by independent evidence of reliable nature, can be made basis for conviction on capital charge, but it must be subject to through judicial scrutiny--Acquittal order--Appeals were allowed. 2016 SCMR 274 ref. Recovery of weapon of offence-- ----No crime weapon has been recovered either from direct or indirect possession of appellants or on their pointation, therefore, positive FSL report with regard to 7 crime empties and a spent bullet…

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