Law:

Section:

(a) Criminal trial--- ----Evidence---Statement of police official---Evidentiary value---Evidence of police official could not be discarded simply because he belonged to police force. (b) Penal Code (XLV of 1860)--- ----Ss. 324, 353 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Sindh Arms Act (V of 2013), S. 23(1)(a)---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, act of terrorism, 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---Appreciation of evidence---Benefit of doubt---Prosecution case was that the police received a tip-off about the presence of certain members of criminal gang at a chowk with intention to commit crime---Police, on said information, reached and saw the accused along with 4/5 other individuals, who upon seeing the police party, started firing upon them with intention to commit murder---Police party, returned fire in self-defence wherein fifty five rounds were used by the police party---Accused being armed with weapons was apprehended, while other persons made their escape good---One repeater .12-bore with number, loaded with one cartridge in its chamber and two in magazine and one rifle grenade were recovered from the accused---Record showed that the present case was the case of spy information and the alleged encounter took place at 4.00 a.m. where it was stated that 5/6 persons were present at the place of incident---Police party being heavily armed, how a large number of these persons could have made their escape good and only the accused had been arrested---Evidence did not show as to how the accused was identified in the middle of the night since no source of light had been pointed out---Allegedly, in the encounter, more than fifty five rounds were shot but surprisingly none received injuries and the Investigating Officer was unable to even show any signs on nearby buildings or other permanent structures evidenced outcome of such massive…

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