AFZUL-UR-REHMAN vs State S — 2021 SCMR 359 SUPREME-COURT

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AFZUL-UR-REHMAN VS State S. 7---Explosive Substances Act (VI of 1908), Ss. 5 & 5-A---Act of terrorism, possession of explosives, detonators and hand grenade---Reappraisal of evidence--- Sentence, reduction in--- Mitigating circumstances---Refusal to carry out suicide attack---Prosecution with various pieces of evidence had successfully established interception of a truck driven by the accused that carried huge cache of explosive with devastating potential---Arrest of accused was a factum above suspicion---Investigative details accompanied by forensic report clinched the charge against the accused---Accused confessed his guilt before a Magistrate after he was already remitted into judicial custody---Contents of the confessional statement, purposely mentioned in detail, unmistakably suggested a change of mind whereunder the accused appeared to have deviated from carrying out the suicide attack---Accused's abstinence, seemingly actuated by a variety of possible factors, did not cast away culpability of his undertaking so as to make out a case for an unqualified reprieve without any punishment, however, it certainly extenuated, enormity of the charge and in retrospect entitled him to the benefit of lenient treatment, permissible by law---While maintaining his conviction under S. 5 of the Explosive Substances Act, 1908, sentence of accused was reduced to the lowest mandated period of seven years' R.I, pre-trial period inclusive; the directions regarding forfeiture of accused's property as well as case property, including the impounded truck, were kept intact, however, his conviction under S. 7 of the Anti-Terrorism Act, 1997 and sentence thereunder, were set aside--- Appeal was partly allowed accordingly.

AFZUL-UR-REHMAN vs State S — 2021 SCMR 359 SUPREME-COURT

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