Law:

Section:

(a) Criminal trial--- ----Heinousness of offence---Scope---Mere heinous nature of offence is not sufficient to convict the accused because the accused continues with presumption of innocence until found otherwise at the end of the trial. (b) Criminal trial--- ----Burden of proof---Scope---Burden is always upon the prosecution to prove its case beyond shadow of doubt. (c) Penal Code (XLV of 1860)--- ----Ss.324, 384, 385 & 34---Anti-Terrorism Act (XXVII of 1997), S.7---Sindh Arms Act (V of 2013), S. 23(1)(a)---Attempt to commit qatl-i-amd, extortion, putting person in fear of injury in order to commit extortion, common intention, act of terrorism, possessing unlicensed arms---Appreciation of evidence---Benefit of doubt---Allegation against the accused was that he while introducing himself as a member of Gangwar, demanded Bhatta of Rs. 5,00,000 from complainant by show of pistol and during altercation, complainant received injury on his hand---Complainant in his examination-in-chief had deposed that he recovered the pistol from accused which was handed over to the police---Nothing was on record to show that pistol was recovered from the accused---Allegedly, during altercation in between complainant and accused, complainant received injuries at his right hand on his thumb and right eye, but neither medical certificate of these injuries was produced nor Medical Officer was examined by the prosecution in evidence; therefore, false implication of the accused in the case could not be ruled out---Record showed that there was only oral version of the complainant that accused demanded Bhatta---No independent corroboration was available on that point---Record transpired that complainant used to supply water in the house of accused and dispute arose between them on the charges of water thus, under the said circumstances, prosecution had failed to establish that act of the accused created sense of fear and terror in the area---Material contradictions existed in the statements of witnesses about the time and preparation of place of mashirnama---Co-accused persons had been acquitted by the Trial Court under S. 265-K, Cr.P.C. on the same set of evidence and the said order…

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