Law: Penal Code (XLV of 1860)

Section: 324,353,393,401,337F(ii)

Law: Code of Criminal Procedure, 1898

Section: 342

(a) Penal Code (XLV of 1860)-------Ss. 324, 353, 393, 401 & 337-F(ii)---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, robbery, belonging to gang of thieves, causing badi'ah---Appreciation of evidence--Benefit of doubt---Accused were charged that they made firing upon the police party, due to which one Police Constable sustained firearm injury; in retaliation police also made firing, due to which one accused sustained firearm injury--Record showed that an alleged police encounter was held between police party and accused, whereby one of the accused/co-accused had sustained fire arm injury on his leg, whereas two of the accused did not sustain even a scratch on any part of their bodies---Simultaneously, injured Police Constable had sustained injury on his leg yet he did not specifically implicate any of the accused during trial through which it could be deduced that he had sustained the injury while he was member of the police party---Non-sustaining of injury on the part of some of the accused persons showed that they had not participated in the crime and as per defense, they were subsequently arrayed and soon arrested by the police only to strengthen the rope of their false case---Though the alleged encounter lasted for about 10 minutes yet no allegation had been brought on record to believe that the accused persons had repeated their fire arms through which it could be believed that they had intention to commit qatl-i-amd of the police party or to deter them from performing their lawful duty---Besides, there was a joint memo. of their recovery and arrest, and such practice on the part of prosecution was weakest type of evidence and could not be relied upon to maintain the conviction against the accused persons---Circumstances established that the prosecution had failed to establish its charge against the accused persons beyond any reasonable shadow of doubt---Appeal against conviction was allowed accordingly.Tanveer alias Rabail and another v. The State 2012 YLR 2026; Muneer Malik and others v. The State through P.G. Sindh 2022 SCMR 1494 and Abdul Rehman and others v. The State and others 2020…