Law: Explosive Substances Act, 1908

Section: 4/5

Law: Sindh Arms Act, 2013

Section: 23(1)(a)

Law: Anti Terrorism Act, 1997

Section: 7,6(2)(ee)

Law: Civil Procedure Code (V of 1908)

Section: 164,364

(a) Explosive Substances Act (VI of 1908)--- ----Ss. 4/5---Sindh Arms Act (V of 2013), S. 23(1)(a)---Anti-Terrorism Act (XXVII of 1997), Ss. 7 & 6(2)(ee)---Criminal Procedure Code (V of 1898), Ss. 164 & 364---Recovery of explosive substance, firearms and terrorism---Appreciation of evidence---Confessional statement---Mandatory requirements, non-compliance of---Benefit of doubt---Accused was convicted by Trial Court on the basis of his confessional statement recorded during investigation---Magistrate while recording confessional statement of accused failed to discharge his duty in accordance with law and did not put relevant questions to accused to ascertain that the confession was voluntarily, true and without any inducement---Such confession lost its evidentiary value---High Court extended benefit of doubt to accused, set aside conviction and sentence awarded by Trial Court and acquitted him of the charge---Appeal was allowed, in circumstances. Khalid Javed and others v. The State 2003 SCMR 1419; Ikramullah and others v. The State 2015 SCMR 1002; Muhammad Pervez and others v. The State and others 2007 SCMR 670; Ghous Bux v. Saleem and 3 others 2017 PCr.LJ 836; Naseb Zada v. The State and another 2019 YLR 2157; Abdur Rehman v. The State and another 2018 YLR 1629 and Jameel and another v. The State 2019 YLR 516 ref. Tariq Pervez v. The State 1995 SCMR 1345 rel. (b) Criminal Procedure Code (V of 1898)--- ----S.364---Examination of accused---Mandatory requirements---Provisions of S.364, Cr.P.C. are mandatory and any illegality occasioned thereof is not curable. Gul Jehan v. State 1998 MLD 288 rel. THIS JUDGMENT DELIVERED BY: ABDUL MOBEEN LAKHO, JUSTICE:---.--- Being aggrieved and dissatisfied with the impugned judgment dated 28.11.2018, passed by the learned Anti-Terrorism Court No. XVII, Karachi, in Special Case No. 100/2017 (Old Special Case No. 2369 of 2016), arising out of FIR No. 146/2016 for the offence under sections 4/5 Explosive Substances Act, 1908 read with 7 ATA, 1997, and Special Case No. 101/2017 (Old Special Case No. 2370 of 2016), arising out of the FIR No. 147/2016 for the offence under section 23(1)(a) Sindh Arms Act, 2013, registered at…

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