| Citation(s) |
|---|
| 2019 SLG 3052 2019 SLD 3052 2019 YLR 2540 |
Balochistan High Court
Criminal Appeal No. 378 of 2017, decision Dated: 23-07-2019. Hearing Dated: 16-07-2019.
MUHAMMAD HASHIM KHAN KAKAR, JUSTICE ABDULLAH BALOCH, JUSTICE
Petitioner(s) by: Syed Saleem Akhtar
Respondent(s) by: Habibullah Gul, Additional Prosecutor General
Criminal Appeal No. 378 of 2017, decision Dated: 23-07-2019. Hearing Dated: 16-07-2019.
MUHAMMAD HASHIM KHAN KAKAR, JUSTICE ABDULLAH BALOCH, JUSTICE
Petitioner(s) by: Syed Saleem Akhtar
Respondent(s) by: Habibullah Gul, Additional Prosecutor General
VIJAY PERVAIZ
VS
THE STATE
Law: Pakistan Penal Code, 1860
Section: 34,336-B
Law: Criminal Procedure Code (V of 1898)
Section: 340(2),342,382B
Law: Anti Terrorism Act, 1997
Section: 7
Penal Code (XLV of 1860)--- ----S. 336-B---Anti-Terrorism Act (XXVII of 1997), S. 7---Hurt by corrosive substance---Appreciation of evidence---Substitution of culprit, plea of---Complainant was father and father-in-law of victims and lodged FIR against accused for throwing acid on them---Both victims correctly identified accused in Trial Court as culprit who threw acid upon them and correctly stated date, time, place of occurrence and manner in which accused arrived at the place of occurrence and committed crime---Victims were cross-examined at sufficient length but they remained firm in their depositions and defense had failed to shake their testimonies---Since both the victims were not only victims/injured but also eye-witnesses of occurrence thus without looking for any other incriminating evidence, sole statements of the victims were enough to award conviction to accused---Accused, complainant and eye-witnesses of occurrence were known to each to other prior to commission of crime, hence no question for false implication, mistaken identification or substitution of real culprit with accused arose---Prosecution successfully proved charge against accused beyond any shadow of reasonable doubt---All victims remained firm in their depositions and fully supported case of prosecution---Defense failed to cause any dent in case of prosecution and Trial Court after proper appraisal of evidence available on record had rightly awarded conviction and sentence to accused---Accused failed to point out any mala fide on part of complainant for his implication---High Court declined to interfere in conviction and sentence awarded to accused by Trial Court as accused had failed to point out any material contradiction and discrepancy which benefitted defense version and there was no error of law, misreading or non-reading of evidence---Appeal was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, J.--- This judgment disposes of Criminal Appeal No.378 of 2017 filed by the appellant Vijay Pervaiz Son of Pervaiz Bhatti, against the Order dated 30th October 2017 (hereinafter referred as, "the impugned judgement") passed by learned Special Judge, Anti Terrorism…
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