Law: Penal Code (XLV of 1860)

Section: 302,364,392,34

Law: Anti Terrorism Act, 1997

Section: 7

Law: Criminal Procedure Code (V of 1898)

Section: 161

Law: Qanun-e-Shahadat (10 of 1984)

Section: 22

(a) Penal Code (XLV of 1860)--- ----Ss.302, 364, 392 34---Anti-Terrorism Act (XXVII of 1997), S.7---Qatl-i-amd, kidnapping or abducting in order to murder, robbery, common intention, act of terrorism---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused and co-accused persons kidnapped the cousin of complainant along with passengers riding on Bus and later on murdered them---Foundation of the prosecution case against the accused was built on the evidence of the sole eye-witness---Said eye-witness was related to some of the deceased and according to him he had managed to escape from the bus without being killed by the skin of his teeth---First FIR in that case was lodged on 6-7-2011, a day after the incident, but said witness did not come forward as a witness until 28-9-2011 which was nearly two months later without offering any explanation for failing to do so---Said fact did not appeal to reason, logic or common sense and led to the conclusion that eye-witnesses might be a put up witness---Possibility existed that eye-witness was not present at the time of the incident as he appeared to be a chance witness who was related to the deceased---Said witness stated that he was wounded when he escaped from the bus but he had not produced any medical certificate as proof of that injury and he had not produced his bloodied clothes---Circumstances established that the case of prosecution was based on without supportive/corroborative evidence---Appeal against conviction was allowed and accused was acquitted by setting aside conviction and sentences recorded by the Trial Court. Qabil v. The State 2020 PCr.LJ Note 13; Naib Subedar Nasabuddin, Frontier Corps (South) v. Ali Nawaz and others 2019 PCr.LJ 1539; Rahat Ali v. The State 2010 SCMR 584; Syed Saeed Muhammad Shah v. The State 1993 SCMR 550; Mst. Asia Bibi v. The State PLD 2019 SC 64; Muhammad Sadiq v. The State 2017 SCMR 144; Zeeshan alias Shani v. The State 2012 SCMR 428; Kanwar Anwaar Ali, Special Judicial Magistrate in the Matter of Criminal Miscellaneous No.183 of 2019 in Criminal Appeal No.259 of 2018 PLD 2019 SC 488; Kamal Din alias Kamala v. The State 2018 SCMR 577 and Notice to…

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