Law: Qanun-e-Shahadat (10 of 1984)

Section: 43,85,129(e)

Law: Explosive Substances Act, 1908

Section: 5,5-A

Law: Anti Terrorism Act, 1997

Section: 7(1),19(8-B)

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 43---Confessional statement of co-accused, admissibility of--Exculpatory confessional statement of acquitted co-accused, was inadmissible in view of provisions of Art.43 of Qanun-e-Shahadat, 1984. (b) Explosive Substances Act (XI of 1908)--- ----Ss. 5 & 5-A---Anti-Terrorism Act (XXVII of 1997), Ss.7(1) & 19(8-B)---Non-obtaining of sanction of competent authority---Effect---Trial had been conducted in violation of S.7 of Explosive Substances Act, 1908 and without requisite sanction of Provincial Government---Accused was acquitted in circumstances. (c) Criminal Procedure Code (V of 1898)--- ----S. 510---Qanun-e-Shahadat (10 of 1984), Art.85---Report of Bomb Disposal Squad---Admissibility in evidence---Scope---Report of Bomb Disposal Squad was not a `public document', hence, not admissible in evidence. (d) Qanun-e-Shahadat (10 of 1984)--- ---Art. 129(e)---Presumption---Material witness had been abandoned and withheld---Effect---Adverse inference, against non-production of witness should have been drawn. (e) Explosive Substances Act (XI of 1908)--- ----Ss. 5 & 5-A---Anti-Terrorism Act (XXVII of 1997), Ss.7(1) & 19(8-B)---Penal Code (XLV of 1860), S.34---Appreciation of evidence---Exculpatory confessional statement of co-accused, was inadmissible in evidence---Judgment, in the present case, was based on the statement of complainant which was based only on hearsay---Case property was neither produced before the court nor exhibited---Non-production of the case property had shown doubt on the credentials of the prosecution story which had shaken foundation of the case---Conviction of accused was the result of presumption and surmises; material contradictions were appearing in the prosecution case and the very material witnesses had been abandoned and withheld---Adverse inference against the prosecution should have been drawn---Prosecution had not been able to prove its case against accused beyond any reasonable doubt---Accused was acquitted in circumstances. JUDGMENT MUHAMMAD ALAM KHAN, J.---This appeal filed under section 25 of the Anti-Terrorism Act is directed against the judgment, dated 7-10-2008 passed…

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