Law: Pakistan Penal Code, 1860

Section: 34,324,353

Law: Anti Terrorism Act, 1997

Section: 7

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 co-accused persons made firing on the police party with their weapons, which was retaliated---Complainant admitted in his cross-examination that the encounter took place with a close distance, but no one from either side received injury nor the police mobile was hit by any bullet---No empty was produced or identified before the trial court as case property by the complainant---Only one mobile phone and a diary were produced as case property by the complainant---Investigating Officer had stated in his cross-examination that two memorandums of recovery dated 17.1.2009 and that of inspection of place of incident dated 18.1.2009 pertained to different cases---Record showed that Investigating Officer did not contact any person whose phone numbers were mentioned in the diary recovered from the place of incident and admitted in cross-examination that he did not verify from any person of the locality about the incident of police encounter---Circumstances established that there were many frailties in the case, which made the case extremely dubious, benefit of which would resolve in favour of accused---Appeal was allowed and accused was acquitted by setting aside conviction and sentence recorded against the accused by the Trial Court. Ghulam Qadir v. State 2008 SCMR 1221 rel. THIS JUDGMENT DELIVERED BY: FAHIM AHMED SIDDIQUI, J.--- The appellant was arrested in a case registered at Khan, Mirpurkhas being Crime No. 08/2009 for assault at police party with deadly firearm weapons. He was prosecuted before the learned Additional Sessions Judge-I/ATC Mirpurkhas for the offences punishable under Sections 324, 353 and 34, P.P.C. and Section 7 Anti-Terrorism Act, 1997. After conclusion of trial, he was found guilty of the said offences, as such trial Court convicted and sentenced him as under:-- i) for offence under Sections 324, 34, P.P.C. to suffer for…

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