Law: Penal Code (XLV of 1860)

Section: 324,353,34

Law: Anti Terrorism Act, 1997

Section: 7

Law: Sindh Arms Act, 2013

Section: 23(1)(a)

(a) Criminal trial--- ----Witness--- Police Officials as witnesses---Reliance---Scope---Evidence of Police Officials was as good as private witness, but when the whole case of prosecution rested upon the evidence of Police Officials, who were interested in the matter, therefore, their evidence was required to be minutely scrutinized at the time of trial. (b) Penal Code (XLV of 1860)--- ----Ss. 324, 353 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Sindh Arms Act (V of 2013), S. 23(1)(a)---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, possession of illegal weapons, act of terrorism---Appreciation of evidence---Contradictions in the statements of witnesses---Scope---Spy information that accused were sitting inside a graveyard having arms, police party reached there, on seeing them, accused started firing upon police with intention to kill them, in retaliation, police also fired upon the accused persons and during that encounter, one accused got injured and was arrested, one 30 bore pistol without number, loaded magazine with two live rounds and one in its chamber was recovered from the possession of accused---Complainant in his cross-examination deposed that encounter took place for about 2/3 minutes, whereas, while contradicting that fact, witness in his cross-examination deposed that encounter took place for about 10/15 minutes, which created doubt in the prosecution case---Complainant in his cross-examination deposed that it took 10 to 20 minutes to complete the formalities at the place of incident, while contradicting that fact, witness in his cross-examination deposed that it took one hour to one and half hour to complete the formalities at the place of incident---Complainant in his evidence deposed that he had taken the accused to hospital and after his treatment, the accused and the case property were at police station and he lodged FIRs at 10:30 p.m. and 10:40 p.m.---Medico-Legal Officer while contradicting that fact, in his evidence deposed that at about 10:40 p.m. injured was brought by the complainant---Said fact also gave serious joltto the prosecution story as it was…

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