Case Details

Citation(s)
2020 SLG 2085 2020 SLD 2085 2020 1672
Sindh High Court
Special Criminal Anti-Terrorism Jail Appeal No. 187 of 2018, decision Dated: 29-10-2019, hearing Date : 24-10-2019
MOHAMMED KARIM KHAN AGHA, JUSTICE ZULFIQAR ALI SANGI, JUSTICE
Ms. Abida Parveen Channar for Appellant. Abrar Ali Khichi, Assistant Prosecutor General for the State.

PERVEZ ALIAS LADDU

VS

THE STATE

Law: Penal Code (XLV of 1860)

Section: 336,337-L(2)

Law: Anti Terrorism Act, 1997

Section: 7

Penal Code (XLV of 1860)--- ----Ss. 336-B & 337-L(2)---Anti Terrorism Act (XXVII of 1997), S. 7---Hurt by corrosive substance, act of terrorism---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged for throwing acid on the complainant---Complainant, being an eye-witness and also the victim gave reliable, trustworthy and confidence inspiring evidence---Complainant knew the accused who lived in an adjacent house and it was a day time incident and thus, his identity was not an issue---Complainant had argued with the accused and restrained him through nekmards when he teased her and thus he had a motive to throw acid over her on account of that humiliation---First Information Report was lodged promptly so there was no time for either consultation or concoction leading to false implication---Complainant's whole story rang true in terms of the sequence of events---None of the other witnesses had enmity with the accused to falsely implicate him---Burn wounds in the medical evidence were consistent with the complainant/victim's FIR which stated that she put her hand up in order to prevent her face being hit by the acid thrown by the accused---Acid which caused the injuries to the complainant was a corrosive substance as could be seen from the nature of her injuries as per the medical report and evidence of Medico-Legal Officer and thus, fell within the purview of S. 336-B, P.P.C.---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---Appeal against conviction was dismissed, in circumstances. Ghulam Sabir v. The State 2017 YLR Note 209 and Pir Munir v. State 2017 YLR Note 207 ref. Muhammad Ehsan v. The State 2006 SCMR 1857 rel. JUDGMENT MOHAMMED KARIM KHAN AGHA, JUSTICE:---.--- Pervez alias Laddu son of Mushtaq has preferred this Criminal Anti-Terrorism Jail Appeal against the impugned judgment dated 26.05.2018 passed by the learned Anti-Terrorism Court No.XVIII, Karachi Division in Special Case 199 of 2018, FIR No.463/2017 under section 336-B, P.P.C. read with section 7 of A.T.A., 1997 registered at P.S. KIA, Karachi whereby the Pervez alias Laddu son of Mushtaq…
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