Law: Penal Code (XLV of 1860)

Section: 302,324,353,395,399,402,148,149

Law: Anti Terrorism Act, 1997

Section: 7

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 353, 395, 399, 402, 148 149---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, dacoity, making preparation for dacoity, assembling for purpose of committing dacoity, rioting armed with deadly weapon, unlawful assembly, act of terrorism---Appreciation of evidence---Benefit of doubt---Night time occurrence---Source of light---Accused were charged that they made firing upon the police party, due to which one Police Constable was hit and died and they also took the official rifle---Record showed that the incident took place in dark night at 01:20 a.m.---Identification by the headlight of a motorcycle was weak type of evidence requiring strong corroboration but the same was badly lacking in the present case---Motorcycle, which was source of identification, was not produced before the Trial Court---Thus, possibility of mistaken identity could not be satisfactorily excluded---Case of prosecution was that accused was armed with Kalashnikov at the time of incident, but no firearm injury was found in postmortem report---Post mortem report reflected that deceased had received injuries by means of hard and blunt substance---According to prosecution evidence, Police Officials had identified the accused by name, giving parentage and addresses but none of the witnesses explained as to how they knew accused prior to the incident---Non-disclosure of source/previous connection with the accused had also created reasonable doubt regarding identification of accused at the time of incident---Circumstances established that the prosecution had failed to prove the guilt of the accused---Appeal against conviction was allowed accordingly. Arshad Khan v. The State 2017 SCMR 564 and Muhammad Ilyas and others v. The State 2011 SCMR 460 ref. Momin v. The State and another PLD 2020 Pesh. 70 rel. (b) Criminal trial--- ----Conviction---Scope---Guilt against the accused must rest surely and firmly on the evidence produced in the case and plain inference of the guilt may irresistibly be drawn from the evidence on the record. (c) Penal…

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