Law:

Section:

(a) Penal Code (XLV of 1860)--- ---Ss. 302/324/353/148/149---West Pakistan Arms Ordinance (XX of 1965), S. 13(d)---Anti-Terrorism Act (XXVII of 1997), S. 7(a) [as amended by Anti-Terrorism (Amendment) Ordinance (XXXIX of 2001)]----Appreciation of evidence---Only prosecution witness, who was a police constable, had claimed that he saw the accused in the headlight of motorcycle which was a momentary glimpse of accused while they were indulging in encounter with the prosecution witness and deceased-­--Identification of accused in the headlight of motorcycle, certainly was a weak type of evidence requiring strong corroboration, but same was badly lacking---Said prosecution witness was not able to, say as to when light for alleged identification, was neither secured by police nor produced in the Court---Complainant/S.H.O. failed to recall as to how many empties were recovered from the place of Vardat---Glaring conflict appeared in time of death of deceased persons in the version given in F.I.R. and post-mortem report---Such contradiction was not explained anywhere, resulting into one more dent having been caused in the prosecution case---Identification tests of accused persons were taken on different dates, through police officials and persons who acted as Mashirs, were residents of village situated at the distance of 25 K.Ms.--­Such mock identification tests were worthless and could hardly be relied upon---Recovery of crime weapons was not established as neither any independent witness was associated to witness recovery nor weapons were recovered from .the exclusive possession of accused---Alleged recovered weapons were never sent to Ballistic Expert except one K.K. and bullets recovered from place of occurrence--Alleged recoveries in such situation were of no consequence---According to police it was a case of encounter; but none of policemen was hurt in the encounter--­Material contradictions appeared in the evidence---Identification. Tests were inconsequential having been conducted in blatant contravention of principles and law and recoveries were unbelievable---Trial Court while convicting accused, outright acquitted absconding accused without discussing…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492