Law: Penal Code (XLV of 1860)

Section: 302,324,353,109,34

Law: Anti Terrorism Act, 1997

Section: 7

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 353, 109 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), Art.22---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, abetment, common intention---Act of terrorism---Appreciation of evidence---Benefit of doubt---Source of light---Contradictory evidence---Disclosure of identity of accused before identification parade---Effect---Two police constables were on patrol when they signaled a motorbike to stop but its riders sped away and the constables chased them---Motorbike was chased into a street whereupon four persons came in the way of constables and an exchange of hot words followed whereupon four persons fired at the constables, one of them died---Prosecution case against accused was based on the evidence of the eye-witness (escaped constable), recoveries, medical, ballistic and chemical reports---Sole eye-witness of the incident reported that he was in front and the deceased was behind him when they had turned to get back on their motorbike, when all the four accused fired at the deceased in order to kill them---Departure entry of eye-witness for leaving the police station along with the deceased showed that he was not a chance witness---Numerous aspects of the evidence of eye-witness did not appeal to reason, logic or commonsense---No light bulb or any other source of light was taken into custody to prove that the eye-witness saw the accused, if at all, briefly---Eye-witness, as per his own admission, had not seen the actual firing---Eye-witness had not mentioned about the accused in his statement under S.161, Cr.P.C.---Eye-witness was posted at the same police station where the accused was confined, therefore, identification parade could not be given weight---Evidence of eye-witness was not reliable, trustworthy or confidence inspiring and was disbelieved to the extent of particulars relating to shooting of the deceased---Impugned was set aside and by extending benefit of doubt accused was acquitted of the charge. Muhammad Asif v. The State 2017 SCMR 486; Ata Muhammad and another v. The State 1995 SCMR 599;…

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