Law: Penal Code (XLV of 1860)

Section: 324,353

Law: Anti Terrorism Act, 1997

Section: 7

Law: Sindh Arms Act, 2013

Section: 23(1)(a)

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) Criminal trial--- ----Principle---Each criminal case had its own peculiar facts and circumstances and the same seldom coincided with other on salient features. (b) Penal Code (XLV of 1860)--- ----Ss.324, 353---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, act of terrorism, possessing unlicensed arms---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused was standing in suspicious condition, when police tried to apprehend him, he made firing upon police party, in retaliation, police also made firing, during cross firing accused received fire arm injury and was apprehended---Record showed that no police person during that encounter had received any fire arm injury despite the fact that alleged encounter took place with sophisticated weapons for considerable time---Even no bullet hit to the police mobile---Said fact created doubt in the prosecution case. (c) Penal Code (XLV of 1860)--- ----Ss.324, 353---Anti-Terrorism Act (XXVII of 1997), S.7---Sindh Arms Act (V of 2013), S.23(1)(a)---Criminal Procedure Code (V of 1898), S.103---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, act of terrorism, possessing unlicensed arms---Appreciation of evidence---Non-association of private witnesses---Effect---Prosecution case was that the accused was standing in suspicious condition, when police tried to apprehend him, he made firing upon police party, in retaliation, police also made firing, during cross firing accused received fire arm injury and was apprehended---Record showed that it was the case of spy information---Despite that fact, complainant did not bother to associate with him any independent person of the locality from the place of information or from the place of incident---Record showed that place of incident was a thickly populated area, which was surrounded by shops, houses, mosque and many people were available there---No plausible explanation was offered by the prosecution as to why police did not associate any independent…

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