Law: Penal Code (XLV of 1860)

Section: 324,353,34

Law: Anti Terrorism Act, 1997

Section: 7

(a) Penal Code (XLV of 1860)--- ----Ss. 324, 353 34---Anti-Terrorism Act (XXVII of 1997), S.7---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, act of terrorism---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused and his co-accused persons were found in suspicious condition and were stopped and searched but they started firing upon the police party with intention to commit their murder, in retaliation police also made firing upon the culprits in self defence and during such encounter, two Police Officials sustained injuries---Record showed that it was day time incident, after encounter Police Officials failed to chase the accused who according to the prosecution case went running on foot---After the arrest of accused, identification parade was not held---Material contradictions were found in the evidence of the prosecution witnesses with regard to the actual occurrence---Prosecution case was that alleged encounter took place inside street but surprisingly no mark of bullet was noticed by the Investigating Officer on any wall of the street---As per prosecution story, the alleged encounter took place in a thickly populated area, but not a single independent person from the locality or any employee of petrol pump was cited as witness---Best possible evidence was deliberately withheld and not produced---After accuseds arrest no identification parade was held---Injured Police Constable deposed that in fact there were three accused persons but he had not described the features of the accused in his statement under S.161, Cr.P.C. and he identified the accused before the Trial Court, which was unsafe to maintain conviction---Circumstances established that the prosecution had failed to bring home the guilt of accused---Appeal against conviction was allowed, in circumstances. Iltaf Hussain v. The State 1996 SCMR 167; Said Ahmad v. Zammured Hussain 1981 SCMR 715; Majeed alias Majeedi and others v. The State and others 2019 SCMR 301 and Zeeshan alias Shani v. The State 2012 SCMR 428 ref. Iltaf Hussain v. The State 1996 SCMR 167 and Majeed alias Majeedi and others…

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