Law:

Section:

Penal Code (XLV of 1860)-------Ss. 302(b), 324, 353 & 34-2-West Pakistan Arms Ordinance (XX of 1965), S.13(e)---Anti-Terrorism Act (XXVII of 1997), Ss.7, 16 & 19---Appreciation of evidence---Benefit of doubt---Ocular evidence was comprised of three eye-witnesses and out of said three, one was not examined---Names of accused persons were not given in F.I.R.---Even the descriptions and features of accused were not mentioned---Accused were stated to have been identified in the light of electric bulb at the doors of nearby houses---Mashirnama of Wardat did not mention any electric bulbs installed at the doors of nearby houses---Investigating Officer himself did not state about the existence of any of such electric bulbs at the doors of said houses---No other light of any electric bulb was available at the place of Wardat at the time of alleged offence---Encounter was stated to have taken place between accused persons and police, where several shots were fired by both the parties---Prima facie, there was no likelihood that the complainant party could properly see accused; at the most .only a glimpse of the faces of accused could have been seen---Neither the names of accused were given in F.I.R. nor their descriptions and features were mentioned---Prosecution case thus mainly hinged upon the identification parade of accused---Prosecution was to show that the identification parade was held in a transparent and legal manner and that the eye-witnesses had no chance of seeing accused prior to his identification test---Circumstances, however, had shown that complainant as well as other eye-witnesses had every chance and opportunity of having seen accused before he was taken for identification test---Accused was clearly exposed to the eye-witnesses before being produced before the Magistrate---Identification parade was said to be held before the Mashirs, but said Mashirs were not examined by the prosecution and such non-examination could lead to adverse presumption against the prosecution case---Judicial Magistrate did not append any certificate below the Mashirnama of identification, which was the requirement of law---Accused was not specifically assigned the…

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