| Citation(s) |
|---|
| 2016 SLG 1608 2016 SLD 1608 2016 PLJ 392 |
Lahore High Court
Crl. A. No. 986 of 2015, heard on 9.12.2015. Date of hearing: 9.12.2015
SHAHID HAMEED DAR AND SYED SHAHBAZ ALI RIZVI, JJ.
Mr. Nabeel Javed Kahloon, Advocate for Appellant. Mr. Munir Ahmad Sial, Deputy Prosecutor-General for State.
Crl. A. No. 986 of 2015, heard on 9.12.2015. Date of hearing: 9.12.2015
SHAHID HAMEED DAR AND SYED SHAHBAZ ALI RIZVI, JJ.
Mr. Nabeel Javed Kahloon, Advocate for Appellant. Mr. Munir Ahmad Sial, Deputy Prosecutor-General for State.
Qari AHMAD YOUSIF--Appellant
VS
STATE, etc.--Respondents
Law:
Section:
Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----Ss. 11-W & 25--Sentence--Distributing pamphlets containing material of religious hate--Glaring contradictions and dishonest improvement--No private witness was either associated--Failed to establish affiliation with any banned organization--Offence of disseminating inciting religious sectarism or ethnic hatred--Benefit of doubt--Validity--No pamphlet from any person was delivered by accused--During investigation no proof of involvement of accused with any proscribed organization was found and name of accused was not placed in 4th Schedule of Anti-Terrorism Act, 1997--No disclosure qua source from where appellant obtained pamphlets, inciting material, could be obtained--Culpability of appellant under Section 11-W of Anti-Terrorism Act, 1997, remains unwarranted as necessary ingredients to constitute offence are missing--Prosecution did not even prefer any appeal against acquittal of co-accused--No previous criminal record of such like cases has been put to appellant during his statement recorded under Section 342 of Cr.P.C., nor any such record has been got proved in evidence by prosecution--Prosecution remained fail to prove its case against accused, beyond shadow of any reasonable doubt while there is no cavil to proposition that responsibility to prove its case squarely rests upon shoulders of prosecution that has not been discharged successfully in instant case and it is also a settled law that benefit of each and every doubt is to be extended to accused and that only a single reasonable doubt qua guilt of accused is sufficient to acquit him of charge. PLD 2002 SC 1048, ref. JUDGMENT Syed Shahbaz Ali Rizvi, J.--Through this Criminal Appeal filed under Section 25 of Anti-Terrorism Act, 1997, Qari AhmadYousif (appellant) has assailed judgment dated 15.05.2015 passed by learned Judge, Anti-Terrorism Court No. III, Lahore, in case F.I.R. No. 129 dated 16.02.2015, offence under Section 11-W of Anti-Terrorism Act, 1997, registered at Police Station CityDepalpur, District Okara whereby, he (appellant) was convicted under Section 11-W of the Act ibid and sentenced to rigorous imprisonment for five years with fine of…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492