Law: Penal Code (XLV of 1860)

Section: 302,324,34

Law: Anti Terrorism Act, 1997

Section: 7

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

Section: 38,40

Law: Criminal Procedure Code (V of 1898)

Section: 154

(a) Penal Code (XLV of 1860)--- ----Ss.302, 324 34---Anti-Terrorism Act (XXVII of 1997), S.7---Qanun-e-Shahadat (10 of 1984), Arts. 38 40---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, act of terrorism---Confession to police officer, Information received from accused---Appreciation of evidence---Benefit of doubt---Delayed FIR---Scope---Accused along with another was alleged to have murdered a person and injured another by firearm---First Information Report was lodged with a delay of four days---Accused was not named in the FIR---Sole eye-witness of the incident had admitted in his evidence that he could not recognize any of the culprits who had fired at him and the deceased---No one was arrested from the spot---No pistol was recovered from the spot---Accused persons alleged confession before the police, which was later retracted, was inadmissible in evidence---Accused persons act of leading the police to the place where the crime was committed was irrelevant as the police already knew where the crime was committed---Only piece of evidence against the accused was a positive report of Forensic Laboratory which showed that the empties recovered from the scene matched with the pistol recovered from the accused on his arrest 18 months after the incident, however, there was no evidence where the empties were kept for over that 18 months period and whether they were the same empties---Prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances. Ghulam Akbar and another v. The State 2008 SCMR 1064; Ali Sher and others v. The State 2008 SCMR 707; Abdul Latif Unar and another v. The State 2018 PCr.LJ Note 49 and Syed Riffat Hussain and others v. The State Special Crl. Anti-Terrorism Appeals Nos.98 and 99 of 2018-unreported dated 03.09.2019 ref. (b) Criminal Procedure Code (V of 1898)--- ----S.154---Information in cognizable cases---Delayed FIR---Scope---Delay in filing an FIR without explanation adversely impacts on the prosecution case. JUDGMENT MOHAMMAD KARIM KHAN AGHA, J.---- Accused Muhammad Shahid @ Japani son of Riyasat Hussain was tried by learned Judge,…

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