Law: Penal Code (XLV of 1860)

Section: 324,353,34

Law: Anti Terrorism Act, 1997

Section: 7

Law: Sindh Arms Act, 2013

Section: 23(i)(a)

(a) 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(i)(a)---Attempt to commit Qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, acts of terrorism, possessing unlicensed weapons---Appreciation of evidence---Sentence, modification of---Prosecution case was that the police party signaled to stop a vehicle for checking purpose, but, instead of stopping, the persons sitting inside the car, opened straight firing upon them---Police Officials chased them and also fire shots upon the culprits, in their self-defence---Resultantly, one bullet hit the left rear tyre of the car, the car stopped and finally, the police party succeeded to apprehend the accused persons---Record showed that there was not delay in registering the FIR, which would allow the police to cook up a false case against the accused persons---Accused persons were arrested on the spot in the car after a car chasing between the accused and the police which was also recovered---Accused persons had positive CRO’s for narcotics and narcotics were recovered from them at the time of their arrest and hence that was the probable reason why they tried to escape from the police in order to evade yet another narcotics case against them---Positive Forensic Science Laboratory on the car tyre, which was hit by a police bullet which caused it to stop and the recovery of the pistol from one of the accused and empty and positive Forensic Science Laboratory Report in respect of each corroborated the police version of events---Evidence of the police witnesses corroborated itself in all material respects with no major contradictions in the same---Circumstances showed that only a couple of rounds were fired by the accused at the police from a long distance to facilitate the escape with no intention to kill---Fire was wayward and did not hit any police men, their mobile or any passerby and quite probably was aerial firing in order to facilitate their escape and as such the accused were acquitted of the charge under S.324, P.P.C., by extending them the benefit of doubt---Moreover, the case did…

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