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

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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---Same set of evidence/ witness statements forming basis of acquittal of co-accused used to convict accused without any independent corroboration---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---although one particular person was not nominated in the FIR but later on he was implicated and identified during the identification parade proceedings and against him there was also the allegation of firing---Said accused was acquitted from the case, which meant that the witnesses had been disbelieved by the Trial Court to his extent---acquittal of said accused had not been taken to any exception by the prosecution therefore when the witnesses had been disbelieved qua said accused, their credibility could not be accepted to the extent of accused also---Circumstances established that the prosecution failed to prove its case against the accused beyond shadow of doubt---appeal against conviction was allowed, in circumstances.

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

Case information

Judgment text as reported