Law:

Section:

(a) Anti-Terrorism Act (XXVII of 1997)--- ----S. 7---Penal Code (XLV of 1860), Ss.324, 337-F(ii), 337-L(2) & 353---Constitution of Pakistan (1973), Art.185(3)---Supreme Court granted leave to appeal to consider, whether evidence of eye-witnesses including injured was not consistent with medical evidence inasmuch as none of them had stated about infliction of injury by a blunt weapon; whether doctor on examination of injured, who was taken directly from place, of occurrence to hospital, did not find holes in his dress corresponding to fire-arm injuries; whether prosecution did not take into possession clothes of injured, which definitely would have blood-stains' on them as he admittedly received three grazing fire-arm wounds and whether motorcycle said to have been used by accused and been taken into possession by prosecution did not belong to him, but to someone else, who was not produced. (b) Anti-Terrorism Act (XXVII of 1997)--- ----S. 7---Penal Code (XLV of 1860), Ss.324, 337-F(ii), 337-L(2) & 353---Reappraisal of evidence--Firing at raiding party during recovery of contraband---"SB" during investigation had disclosed presence of contraband in house of "P", but raiding party on reaching said house neither had apprehended "P" nor had shown him an accused in the case---"SB" was not cited as witness in the case, who had disclosed about accused riding on motorcycle---Owner of motorcycle namely "I" was neither examined as witness nor was arrayed as an accused, though motorcycle had been recovered from the spot---Accused, according to eye-witnesses, had fired from pistol injuring constable, but presence of blunt weapon injury on his person negated such version---Injured constable was fired from pistol; but medical evidence showed that there were no corresponding holes on his shirt and Shalwar---Even blood was not noticed on clothes of injured taken into possession by police---Prosecution had failed to prove .its case beyond any shadow of doubt---Supreme Court set aside conviction and sentence awarded to accused by trial Court and confirmed by High Court---Accused was acquitted. JUDGMENT ABDUL HAMEED DOGAR, J. ---This appeal by leave is directed against the…

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