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) 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 illicit weapon, act of terrorism---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Prosecution case was that the accused persons made firing upon police with intention to kill them, in retaliation and self defence, police party also started firing upon them, resultantly, one accused succumbed to injuries on the spot, while two other accused sustaining bullet injuries were apprehended by police---Evidence of the star witnesses the complainant and one who participated in encounter, were more than enough to conclude that the entire story was false and concocted---Prosecution had failed to obtain corroboration of the story of complainant from the Rangers who were eye-witnesses as they were accompanying the police party in six mobiles---Complainant did not disclose name of anyone of the officials of Rangers---Statement of complainant that two Police Constables accompanied the injured and deceased to the hospital was contradicted by Medical Officer---Medical Officer did not mention names of said Police Constables in his deposition---Medical Officer categorically stated that the injured and dead body were brought by Inspector of Rangers, and therefore, he informed the police control---None of the Police Officer was accompanying the injured and deceased---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. (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 illicit weapon, act of terrorism---Appreciation of evidence---Benefit of…

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