Law: Penal Code (XLV of 1860)

Section: 324,394,411,353,186,34

Law: Anti Terrorism Act, 1997

Section: 7

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

Section: 22

(a) Penal Code (XLV of 1860)--- ----Ss. 324, 394, 411, 353, 186 & 34---Anti Terrorism Act (XXVII of 1997), S.7---Qanun-e-Shahadat (10 of 1984), Art. 22---Attempt to commit qatl-i-amd, robbery, dishonestly receiving stolen property, assault and criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, common intention, act of terrorism--- Test identification parade--- Scope---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused party assaulted on the complainant party/Police Officials, made firing upon them, due to which complainant sustained injuries on his body and accused persons also snatched an amount of Rs. one lac from the injured---Accused were identified in the test identification parade---Ocular account of the occurrence had been furnished by two witnesses including complainant/injured---Record showed that there was no denial to the fact that complainant/Head Constable received injuries, but fact remained that neither the names of the assailants were mentioned in the written application nor in the statements of the witnesses recorded under S.161, Cr.P.C.---Eye-witnesses joined the test identification parade held to establish the identity of the assailants---Injured witness and other eye-witness had admitted during their cross-examination that they did not mention any descriptive features through which the accused persons could be identified---Test identification parade, in circumstances, lost its authenticity and had no value in the eye of law---Circumstances established that prosecution had failed to prove its case against the accused without any shadow of doubt---Appeal was allowed and accused were acquitted by setting aside conviction and sentences recorded by the Trial Court. Mian Sohail Ahmed and others v. The State and others 2019 SCMR 956 and Muhammad Afzal alias Abdullah v. The State and others 2009 SCMR 436 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 324, 394, 411, 353, 186 & 34---Anti Terrorism Act (XXVII of 1997), S.7---Qanun-e-Shahadat (10 of 1984), Art. 22---Attempt to commit qatl-i-amd, robbery, dishonestly receiving stolen property,…

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