Law: Anti Terrorism Act, 1997

Section: 7(1)(h),15(1)

Law: Penal Code (XLV of 1860)

Section: 395,397

Law: Sindh Arms Act, 2013

Section: 25

(a) Criminal trial--- ----Facts of a case---Each criminal case is to be decided having regard to its own particular facts and circumstances---Test to be essentially applied in one case may absolutely be irrelevant in another---Crimes are seldom committed in identical situations. Khan alias Khani and another v. The State 2006 SCMR 1744 and Imtiaz Ahmad v. The State 2001 SCMR 1334 rel. (b) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 7(1)(h) & 25 (1)---Penal Code (XLV of 1860), Ss. 395 & 397---Sindh Arms Act (V of 2013), S. 25---Terrorism, dacoity, robbery and use of firearm---Appreciation of evidence---Police witnesses, evidence of---Complainant not identifying accused---Accused persons were convicted and sentenced by Trial Court for imprisonment for seven years---Validity---Complainant being eye-witness supported the case in respect of robbery from him, receiving the robbed articles including his motorbike but was declared hostile to the extent of identity of accused at trial and of his role---Other eye-witnesses fully supported case, recovery of robbed articles including crime weapons from accused persons were proved by prosecution---If complainant's evidence was discarded and other evidence was found reliable, trustworthy and confidence-inspiring even then conviction could be maintained---Police officials supported the case being eye-witnesses of the incident---Police officials were as good as private witnesses and their testimony could not be discarded merely for the reason that they were police officials unless accused had succeeded in giving dent to the statements of prosecution witnesses and proved their mala fide or ill-will against accused which they were not able to do or show during cross-examination---Prosecution proved the charge beyond a reasonable doubt against accused persons by producing reliable, trustworthy, and confidence-inspiring oral evidence as well as recovery of robbed articles and other material belonging to complainant party, recovery of the crime weapons, receiving firearm injuries during the encounter and also the documentary evidence in support of the same---High Court declined to interfere in conviction and sentence…

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