Law: Penal Code (XLV of 1860)

Section: 324,353

Law: Sindh Arms Act, 2013

Section: V,23(1)(a)

Law: Anti-Terrorism Act, 1997

Section: XXVII,7(h)

Penal Code (XLV of 1860)-------Ss. 324 & 353---Sindh Arms Act (V of 2013), S. 23(1)(a)---Anti-Terrorism Act (XXVII of 1997), S.7 (h)---Attempt to Qatl-i-amd, police encounter, act of terrorism---Appreciation of evidence---Recovery of weapons---Chain of custody--Proof---Accused persons were convicted for commission of attempt to Qatl-i-amd, police encounter, recovery of firearms and act of terrorism and were variously sentenced with maximum imprisonment for ten years--- Validity--- Alleged encounter lasted for few minutes but no one from police party received any injury to his body---Even no bullet hit official vehicle of police, at the hands of accused persons who had pistols and had dared to open straight fire on police party and suddenly they stopped firing after two shots each, though they had more live bullets in their alleged recovered pistols---No blood marks were found at the occurrence, which fact alone cast doubt on the authenticity of alleged encounter---No police official was listed among prosecution witnesses who took the case property to Forensic Science Laboratory---Such discrepancy raised significant concerns in delivery of parcels intact to Forensic Science Laboratory---No prosecution witness disclosed name of the police official through whom case property was sent to Forensic Science Laboratory---Prosecution failed to establish safe departure and delivery of parcels to Forensic Expert, in circumstances---Such omission had raised doubts about integrity of chain of custody---High Court set aside conviction and sentence awarded by Trial Court and accused was acquitted of the charge---Appeal was allowed, in circumstances.Kamal Din alias Kamala v. The State 2018 SCMR 577 and Shamoon alias Shamma v. The State 1995 SCMR 1377 rel.Date of hearing: 14th November, 2023.JUDGMENTAMJAD ALI BOHIO, J.---This Spl. Crl. Anti-Terrorism Jail Appeal is directed against the consolidated judgment dated 15.04.2023, passed in Special Case No.101 of 2023 (arising out of FIR No.691/2022 registered at Police Station Bilal Colony, Karachi under Sections 324, 353, 34, P.P.C. read with Section 7 of the AntiTerrorism Act, 1997) and Special cases Nos.101-A and 101-B/2023…