Muhammad Arshad vs State Ss — 2025 PCrLJ 1877 LAHORE-HIGH-COURT-LAHORE

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Muhammad Arshad VS State Ss. 302(b), 324, 427, 148, 149 & 109---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, mischief by causing damage to the amount of fifty rupees, rioting armed with deadly weapons, unlawful assembly , act of terrorism---appreciation of evidence---Specific plea of alibi taken by one of the accused/rejected---accused were charged for committing murder of five persons and causing injuries to eight persons of complainant party by firing---One of the appellants "Ma" had taken specific plea of alibi during the investigation with the assertion that on 07.01.2018 he was arrested in case FIR No.12 dated 07.01.2018 in offence under S.13 of Pakistan arms Ordinance (XX of 1965), was sent to jail; was released on bail on 11.01.2018 and was confined in jail on 09.01.2018 at 8.30 a.m. when present occurrence took place---although no adverse inference was to be drawn against an accused upon his failure to enter the witness box in disproof of a charge against him, yet in the given circumstances of the case, "Ma" appellant was the best witness to establish the genesis of factual position asserted by him while appearing before the Trial Court under S. 340 (2) of Cr.P.C.---It was alleged by the defence that the Supreme Court of Pakistan had granted post arrest bail to the said appellant while accepting his plea of alibi vide order dated 06.02.2019 and the High Court could not discard the same---Said plea had no substance, rather the Supreme Court of Pakistan had specifically mentioned in its order that the worth and evidentiary value of the plea of alibi taken by the appellant and his involvement in the case shall be determined by the Trial Court after recording of evidence, whereafter the Trial Court had rightly rejected the plea of alibi of the appellant---Thus, "Ma" appellant had failed to prove his plea of alibi to discard the injured eye-witnesses---appeal against conviction to the extent of said two appellants was dismissed, in circumstances.

Muhammad Arshad vs State Ss — 2025 PCrLJ 1877 LAHORE-HIGH-COURT-LAHORE

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