Citation Name: 2023 MLD 296 PESHAWAR-HIGH-COURTBookmark this Case Mst. JEHAN PASA vs State Ss — 2023 MLD 296 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 MLD 296 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: MLD
Parties: Citation Name: 2023 MLD 296 PESHAWAR-HIGH-COURTBookmark this Case Mst. JEHAN PASA 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

Citation Name: 2023 MLD 296 PESHAWAR-HIGH-COURTBookmark this Case Mst. JEHAN PASA VS State Ss. 5 & 6---anti-Terrorism act (XXVII of 1997), S. 7(ff)---Making or possessing explosives under suspicious circumstances---Forfeiture of property---act of terrorism---appreciation of evidence---Benefit of doubt---Scope---accused was convicted for having been found with 5 kilograms of explosive substance---Ordinarily mere recovery of some utensil, a box or container from someone having some illegal material therein had never been considered enough to hold him responsible for possessing the banned item unless it was proved through reliable evidence that the carrier or possessor was aware of the existence of the illegal and banned material in the utensil, box or container recovered from him---accused had confessed that she was going somewhere for her spiritual treatment with her son-in-law and grand-daughter and at the bus stop she was held up by the local police---Such stance could not be brushed aside easily as the investigating agency had not collected any material to show that she had conscious knowledge of the explosives---Only on the basis of recovery from the box, the accused could not be punished as it was a century old principle of criminal law that sans any conscious knowledge qua the crime the accompanier could not be held responsible---appeal was accepted and the accused was acquitted of the charge, in circumstances.

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