| Citation(s) |
|---|
| 2019 SLG 2054 2019 SLD 2054 2019 PLJ 685 |
Lahore High Court
Crl. A. No. 631 & 634 of 2012, heard on 26.03.2019.
SADAQAT ALI KHAN, JUSTICE SHEHRAM SARWAR CH., JUSTICE
Petitioner(s) by: Mr. Muhammad Rehan Khalid Joiya, Advocate Mr. Ubaid Ullah Sheikh, Advocate along with Fayyaz Ahmad, Compalianant/victim.
Respondent(s) by: Ch. Muhammad Akbar, DPG
Crl. A. No. 631 & 634 of 2012, heard on 26.03.2019.
SADAQAT ALI KHAN, JUSTICE SHEHRAM SARWAR CH., JUSTICE
Petitioner(s) by: Mr. Muhammad Rehan Khalid Joiya, Advocate Mr. Ubaid Ullah Sheikh, Advocate along with Fayyaz Ahmad, Compalianant/victim.
Respondent(s) by: Ch. Muhammad Akbar, DPG
MAHAR ALLAH YAR AND ANOTHER
VS
STATE ETC.
Law: Anti Terrorism Act, 1997
Section: 7(c)
Law: Pakistan Penal Code, 1860
Section: 324,365A,
Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----S. 7(c)--Pakistan Penal Code, (XLV of 1860), S. 324--Conviction and sentence--Challenge to--The appellants have been acquitted in offences u/S. 365-A and 324, PPC by disbelieving the evidence of the complainant and his witnesses, but have been convicted in offences u/S. 7(c) of Anti-Terrorism Act, 1997 and 342, PPC--ASI, Moharrar and co-accused of the appellants have also been acquitted by the trial Court through impugned , complainant has not filed any appeal against their acquittal--Complainant PW duly identified by his counsel present in Court, submits that he has no objection on acceptance of both the appeals of the appellants and their acquittal--The story narrated by complainant is neither plausible nor believable--ASI, Moharrar and co-accused of the appellants have been acquitted by the trial Court through impugned by disbelieving the evidence of the prosecution, same evidence cannot be believed to the extent of appellants as the rule "falsus in uno falsus in omnibus" is now integral part of our jurisprudence in criminal cases--Both appeals were accepted. THIS JUDGMENT DELIVERED BY: SADAQAT ALI KHAN, J.- This single judgment shall dispose of Criminal appeal No. 631 of 2012 filed by Mahar Allah Yar appellant and Crl.Appeal No. 634 of 2012 filed by Muhammad Akram and Rana Dildar appellants (against their convictions), as both the above stated matters have arisen out of the same judgment dated 27.8.2012 passed by learned Special Judge, Anti-Terrorism Court-II Multan, whereby they were convicted and sentenced as under:-- Mahar Allah Yar, Rana Dildar and Muhammad Akram appellants 1 u/S. 7(c) Anti-Terrorism Act, 1997 They were sentenced to imprisonment for 10 years R.I each along with fine Rs. 50,000/- each and in default of payment of fine to further undergo one year S.I each. 2 342, PPC They were sentenced to imprisonment for one year R.I each. (All the sentences were ordered to be run concurrently). However, appellants have been acquitted in offences u/S. 365-A and 324, PPC; whereas, their co-accused namely Muhammad Ali ASI, Azeem Moharrar and Muhammad Aslam were acquitted, in private complaint under Sections…
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