LIAQAT ALI vs State Ss — 2021 SCMR 455 SUPREME-COURT

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LIAQAT ALI VS State Ss. 7(a), 7(c) & 21-I---Act of terrorism---Reappraisal of evidence---Benefit of doubt---Same set of evidence/witness statements forming basis of acquittal of co-accused persons used to convict accused persons without any independent corroboration---Held, that in the FIR generalized and collective allegations had been levelled against all the culprits and no specific injury to any victim had been attributed or ascribed to any particular culprit---Ocular account of the incident had been furnished before the Trial Court by five eye-witnesses, which lead to conviction of the present three accused persons---On the basis of the same statements three co-accused persons were acquitted by the Trial Court whereas two co-accused were acquitted by the High Court---When three co-accused attributed effective firing at the deceased and the injured victims had been acquitted it was incumbent upon the courts below to look for independent corroboration to the ocular account before convicting and sentencing the present accused persons---Although some firearms had allegedly been recovered from the custody of the accused persons yet in the absence of any report of the Forensic Science Laboratory such recoveries were legally inconsequential---Medical evidence was of no avail to the extent of the accused persons because admittedly no specific injury had been attributed to them and, thus, no independent confirmation was available vis-a-vis the allegation levelled against them regarding effectively firing at the deceased and the injured victims---Furthermore the motive set up by the prosecution was based upon previous enmity and a blood feud between the parties for the last about four decades and, thus, the said motive could cut both ways---In the absence of any independent corroboration or confirmation of the allegations levelled against the accused persons, particularly when some co-accused attributed the same roles had already been acquitted by the courts below, the complainant party had no regard for the truth and the eye-witnesses produced by it had been established to be untruthful regarding many innocent persons who had been implicated by them and they had subsequently been acquitted---Convictions and sentences of the three accused persons were set aside and they were acquitted of the charge by extending the benefit of doubt to them---Appeals were allowed.

LIAQAT ALI vs State Ss — 2021 SCMR 455 SUPREME-COURT

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