ABDUL AHAD alias IDRESS vs State Ss — 2021 PCrLJN 79 PESHAWAR-HIGH-COURT

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ABDUL AHAD alias IDRESS VS State Ss. 324, 353, 427, 148 & 149---Explosive Substances Act (VI of 1908), S. 5---Pakistan Arms Act (XX of 1965), S. 13---Anti-Terrorism Act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), Art. 40---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his public duty, mischief causing damage to amount of fifty rupees, rioting armed with deadly weapon, unlawful assembly, making or possessing explosives under suspicious circumstances, possession of illegal weapons, act of terrorism---Appreciation of evidence---Benefit of doubt---Disclosure by accused---Proof---Prosecution case was that the accused and co-accused persons started firing on police party as well as the then Minister's vehicle, resultantly, five persons received injuries on different parts of their bodies---When the confessional statement of accused was not found to be worthy of reliance then the corroboratory pieces of evidence like pointation of the spot where the accused had stayed or pointation of the place of occurrence could not be deemed sufficient for conviction of the accused---Such places were already known to the Investigation Officer as pointed out earlier by acquitted accused and there had been no new discovery or recovery on pointation of the accused, making it admissible under Art. 40 of Qanun-e-Shahadat, 1984---Circumstances established that the prosecution had not proved its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances. [Para. 7 of the judgment]

ABDUL AHAD alias IDRESS vs State Ss — 2021 PCrLJN 79 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported