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REHMAN alias MANI vs State Ss — 2022 YLRN 129 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLRN 129 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
REHMAN alias MANI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

REHMAN alias MANI VS State Ss. 324, 353, 186 & 34---anti-Terrorism act (XXVII of 1997), S. 7---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Prosecution case was that the accused and two unknown assailants started firing with pistol on police employees, due to which two Police Officials received injuries, police also made firing in response, accused had also been firing which resulted into terror in the market and area---First Information Report was completely silent as to what time the occurrence had taken place and even the witnesses during cross-examination were not able to tell the exact or approximate time and if they told it, that was in contradiction to each other---However, it was mid night when the occurrence had taken place and that time could be gathered on perusal of complaint where time of recording of complaint was 01:05 a.m.---Complainant stated that the street lights were on but in the entire investigation no bulb was taken into possession so as to corroborate the prosecution's version---Firing was made after the lalkara raised by accused---Story narrated by Police Officials appeared to be unnatural when it was claimed that the fire of accused hit the Police Official---In such situation when the Police Officials came under attack there was no question at all to identify and to say that fire of which assailants hit to whom---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal against conviction was allowed, in circumstances.

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