Law: Pakistan Penal Code, 1860

Section: 324,427,34

Law: Anti Terrorism Act, 1997

Section: 7(h),25

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 324, 386, 427 & 34--Anti-Terrorism Act, (XVII of 1997), Ss. 7(h) & 25--Conviction and sentence--Challenge to--Benefit of doubt--Identification parade--After arrest, appellants were sent to judicial lockup for test identification parade, which was conducted under supervision of Special Judicial Magistrate PW-2--During test identification parade, appellants were identified by complainant and PW after putting hands on their heads but without assigning any role played by them during occurrence--Identification parade so held was a joint one conducted in one go in one row of multiple dummies--Held: Law is well settled by now that practice of joint test identification parade in one go has no worth reliance--Mode and manner of implication of appellants in this case as ascribed by prosecution is not free from doubt as prosecution has suppressed some real facts in this respect--It was admittedly a dark night occurrence of winter and foggy season and no source of light has been given by prosecution--Description of accused persons at time of alleged occurrence in a dark night is not possible--Furthermore, practice of joint test identification parade has always been disapproved by Apex Court, which is far from being relied upon by this Court--Recovery of weapon of offence remained inconsequential as crime empties secured from place of occurrence had been withheld by Investigating Officer for a considerable period perhaps in waiting arrest of accused persons just to manage same by firing with weapon recovered at instance of appellants--What to speak of an iota of evidence, case in hand is replete with doubts and prosecution has failed to prove guilt against appellants beyond any shadow of doubt rather it is a case of no evidence--Nutshell is that criminal appeal filed by appellants is allowed, their conviction and sentence awarded by trial Court vide set aside and they are acquitted of charge by giving benefit of doubt to them--Appeal allowed. Gulfam and another vs. The State 2017 SCMR 1189, ref. THIS JUDGMENT DELIVERED BY: ASJAD JAVAID GHURAL, JUSTICE:---.--- Through Criminal Appeal No. 663 of 2016, under Section 25…

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