Law: Penal Code (XLV of 1860)

Section: 324,427,34

Law: Anti Terrorism Act, 1997

Section: 7

(a) Penal Code (XLV of 1860)--- ----Ss. 324, 353, 427 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his public duty, mischief causing damage to amount of fifty rupees, common intention, act of terrorism---Appreciation of evidence---Benefit of doubt---Prosecution case was that when the accused were signalled to stop, one of the accused made firing upon police party, due to which two Police Officials sustained injuries---Record showed that the incident took place at night time i.e. 08.30 pm and no source of light was mentioned in the FIR---Sudden encounter took place in the spur of the moment, wherein the accused resorted to firing and fled away from the crime scene immediately thereafter by causing injuries to two Police Constables---Admittedly, no roznamcha entry or departure or arrival was produced/exhibited in the evidence---Said lapse on the part of the prosecution cut the roots of the prosecution and also the prosecution case---Incident in which two Police Constables were shot but not a single police mobile chased the culprits, which also created doubt in a prudent mind regarding the mode and manner of the occurrence as alleged in the FIR---Accused, though, were interrogated by the police but neither crime weapon nor the motorcycle used in the commission of crime could be recovered by the police---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Noor Islam v. Ghani ur Rehman and another 2020 SCMR 310; State/ Government of Sindh v. Sobharo 1993 SCMR 585 and Muhammad Nawaz and another v. The State and others PLD 2005 SC 40 ref. Abdul Sattar and others v. The State 2002 PCr.LJ 51 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 324, 353, 427 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), Art.22---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his public duty, mischief causing damage to amount of fifty rupees, common intention, act of…

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