Zohaib Ahmad vs State Ss — 2025 YLR 2456 QUETTA-HIGH-COURT-BALOCHISTAN

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Zohaib Ahmad VS State Ss. 302(b), 324, 147, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly, act of terrorism---appreciation of evidence---Related and interested witnesses, evidence of---Reliance---accused were charged that they made firing upon the complainant party, due to which two persons died and many others including Police Officials sustained firearm injuries---In the present case, some eye-witnesses were related to the deceased but mere relationship was no ground to discard their straight forward and confidence inspiring evidence especially when their presence at the spot had been established---Statement of a witness could not be discarded solely on the plea that he was related to the deceased---an interested witness was a person who had a motive to falsely implicate a person---Moreover, the testimonies of eye-witnesses was not tainted or they had any motive to falsely implicate the appellants---No plausible reasons had been established by the defence to indicate why the complainant and other eye-witnesses would substitute the appellants by leaving the real culprits---Testimony of the complainant and eye-witnesses were convincing one and thus they were rightly believed by the Trial Court---Circumstances established that the prosecution had been able to prove its case against the accused beyond reasonable doubt, however the judgment passed by the Trial Court to the extent of S.7(1)(a), (b) & (g) of the anti-Terrorism act, 1997, was set aside being not proved---Consequently, with the said modification, the appeal against conviction filed by the appellants was dismissed, accordingly.

Zohaib Ahmad vs State Ss — 2025 YLR 2456 QUETTA-HIGH-COURT-BALOCHISTAN

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