Law: Criminal Procedure Code (V of 1898)

Section: 265-K,340(2),342,412

Law: Anti Terrorism Act, 1997

Section: 6,7

Law: Pakistan Arms Ordinance, 1965

Section: 13

Law: Pakistan Penal Code, 1860

Section: 34,109,324,381,427,436,452,506(II)

Criminal Procedure Code (V of 1898)--- ----Ss. 412 & 265K---Power of Trial Court to acquit accused at any stage of trial--- Appeal--- Conviction on the admission of accused--- Estoppel---Scope---Appellant assailed order of Anti-Terrorism Court whereby he was convicted---Record transpired that by taking lenient view lesser punishment of imprisonment, which the appellant had already undergone, was awarded by the Trial Court---Trial Court had already allowed the application of appellant but after taking relief from Trial Court appellant had filed appeal by concealing the fact that lesser punishment was awarded at his own request---Appellant was estopped by his conduct and admission to file the appeal---Criminal appeal, being not maintainable, was dismissed. THIS JUDGMENT DELIVERED BY: ALI BAIG, J.--- This Criminal Appeal has been directed against the impugned judgment/order dated 31.7.2017 passed by the learned Anti Terrorism Court Gilgit-Baltistan, whereby the learned trial Court has convicted the appellant/convict for the offences under Sections 324, 436, 427, 381, P.P.C. and under Sections 6/7 of ATA, 1997 and sentenced him to undergo imprisonment for 5 months 23 days and the convict/ appellant was also convicted under Section 13 Arms Ordinance, 1965 and sentenced him to pay Rs. 5000/-. 2. The brief facts leading to filing of the instant appeal are that on 02-08-2017 complainant namely Abdul Majid son of Haji Abdul Wahid submitted written report to SHO Police Station Jutail Gilgit stating therein that:-- "I have been posted as Deputy Director Coordination NAB Rawalpindi Sub-Office, Gilgit-Baltistan and residing in Sami Muhallah , Jutial, Gilgit. Today on 08-02-2017 at about 0710 hours in morning, I was sleeping in my bedroom, suddenly a voice of huge explosion was heard and firing was also being conducted. I immediately stood up and went towards TV lounge and in the meanwhile I saw a person opening fire towards the window of the bedroom from the lawn and also set the main door of T.V lounge on fire by pouring chemical on it. After this, I went towards the rare side of the house via kitchen and was scaling the wall and in the meanwhile voices of 2/3 persons…

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