Muhammad Zubair vs State S — 2025 YLR 1963 ISLAMABAD

Case information

Citation: 2025 YLR 1963 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: YLR
Parties: Muhammad Zubair vs State S
Subject matter: Criminal
Provisions referred to: S. 120-B---E; S. 13---A; S. 7---C; B---Explosive Substances Act (VI of 1908); Pakistan Arms Ordinance (XX of 1965); Anti-Terrorism Act (XXVII of 1997)

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

Muhammad Zubair VS State S. 120-B---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Pakistan Arms Ordinance (XX of 1965), S. 13---Anti-Terrorism Act (XXVII of 1997), S. 7---Criminal conspiracy, keeping explosive with intent to endanger life or property, making or possessing explosives under suspicious circumstances, possession of illicit weapon, act of terrorism---Appreciation of evidence---Benefit of doubt---CCTV footage, recovery of---Accused were found in possession of a plastic bag containing 910 grams explosive substance, 10-detonators, 05 meters prima card wire, two 30-bore pistols with 19-live bullets---In the present case, CCTV footage was produced, but mere production of CCTV video as a piece of evidence and its watching in open court was not sufficient to be relied upon unless and until corroborated and proved to be genuine---To proof genuineness of such CCTV video, it was incumbent upon prosecution to examine the person who recorded the video to testify the same---Investigation Officer who received CCTV video stated in his evidence that he received it from a person who did not want to disclose his name or identity being a man of some surveillance---Thus, it appeared that entire case based upon the USB content played in the trial Court was inadmissible which was not proved in accordance with law nor had any sanctity in eye of law to award capital sentence to the appellant through such tainted piece of evidence---Appeal against conviction was allowed, in circumstances.

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