Case Details

Citation(s)
2007 SLG 1253 2007 SLD 1253 2007 MLD 1379
Lahore High Court
Criminal Appeals Nos. 1928 of 2006 and 66 of 2007, heard on 02-04-2007.
M. BILAL KHAN, JUSTICE TARIQ SHAMIM, JUSTICE
Petitioner(s) by: M. Ahsan Bhoon
Respondent(s) by: M. Mazhar Sher Awan

MUHAMMAD YASEEN AND 4OTHERS

VS

THE STATE

Law: Anti Terrorism Act, 1997

Section: 7,7(h),

Law: Arms Ordinance (XX of 1965)

Section: 13,127,128

Law: Criminal Procedure Code (V of 1898)

Section: 342

Law: Pakistan Penal Code, 1860

Section: 109,148,149,224,225,000,000,000

Anti-Terrorism Act (XXVII of 1997)--- ----S. 7(h)---Penal Code (XLV of 1860), Ss. 427/149---Appreciation of evidence---Promptly lodged F.I.R. had eliminated the possibility of fabrication or false implication---Credible account of occurrence had established the time, place and manner of the incident as well as the fear created by it---Eye-witnesses had corroborated each other in all respects who had no enmity with the accused and had duly identified the accused in Trial Court---Acquittal of some accused on the same evidence could not help the accused as the maxim "falsus in uno falsus in omnibus" had since been discarded and now grain had, to be sifted from- the chaff in each case according to the circumstances---Rule that integrity of a witness was indivisible could not be accepted as of universal application---Evidence of incriminating recoveries from the accused furnished by police officials was credible, who were as. good witnesses as other witnesses and the same had fully supported the ocular testimony---On account of terror and fear created by the accused in the area, no independent witness could be willing to come forward to participate in the recovery proceedings---Investigation conducted in the case was honest and transparent---Conclusions arrived at by Trial Court were not arbitrary, perverse or against the law---Convictions and sentences of accused were upheld in circumstances. Muhammad Naeem alias Naeema v. The State 1992 PSC (Crl.) 725; Muhammad Khan v: The State 1994 SCMR 1543; Rashid Mehmood v. Administrator, District Council and others PLD 1997 Lahore 407; Munawar Shah v. The State 2004 MLD 200 ref. THIS JUDGMENT DELIVERED BY: TARIQ SHAMIM, J.--- Muhammad Yaseen Imtiaz Butt, Muhammad Nawaz, Faisal Aziz, Jahangir Meo and Ziarat Ali Shah appellants along .with six others were tried by the Special Judge Anti-Terrorism Court No.1, Lahore, in case F.I.R. No. 147, dated 29-7-2006 registered under sections 324, 224, 225, 353, 148, 149, 427, 109 P.P.C., sections 127, 128; 13 of Arms Ordinance, 1965 and section 7 of the Anti-Terrorism-Act; 1997 with Police Station Railway Police, Lahore and said learned trial Court vide impugned judgment, dated…
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