| Citation(s) |
|---|
| 2018 SLG 273 2018 SLD 273 2018 SCMR 372 |
Supreme Court of Pakistan
Criminal Appeals Nos. 25-K and 26-K of 2013, decision & hearing Date : 5-12-2017. (Against the judgment Dated 05.03.2013 passed by the High Court of Sindh, Karachi in Special Anti-Terrorism Jail Appeals Nos. 08 and 09 of 2006 and Confirmation Case No. 03
ASIF SAEED KHAN KHOSA, JUSTICE, MUSHIR ALAM, JUSTICE, MAQBOOL BAQAR, JUSTICE
Muhammad Ilyas Khan, Advocate Supreme Court for Appellant (in Cr. A. 25-K of 2013). Mehmood A. Qureshi, Advocate Supreme Court for Appellant (in Cr. A. 26-K of 2013). Abdullah Rajpoot, Deputy Prosecutor-General, Sindh for the State (in both cases).
Criminal Appeals Nos. 25-K and 26-K of 2013, decision & hearing Date : 5-12-2017. (Against the judgment Dated 05.03.2013 passed by the High Court of Sindh, Karachi in Special Anti-Terrorism Jail Appeals Nos. 08 and 09 of 2006 and Confirmation Case No. 03
ASIF SAEED KHAN KHOSA, JUSTICE, MUSHIR ALAM, JUSTICE, MAQBOOL BAQAR, JUSTICE
Muhammad Ilyas Khan, Advocate Supreme Court for Appellant (in Cr. A. 25-K of 2013). Mehmood A. Qureshi, Advocate Supreme Court for Appellant (in Cr. A. 26-K of 2013). Abdullah Rajpoot, Deputy Prosecutor-General, Sindh for the State (in both cases).
ATTA-UR-REHMAN AND ANOTHER
VS
THE STATE
Law: Penal Code (XLV of 1860)
Section: 302(b),34,337-F(iii),337-F(v),337-(vi)
Law: Anti Narcotics Force Act, 1997
Section: 7
Law: Qanun-e-Shahadat (10 of 1984)
Section: 22
(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 34, 337-F(iii), 337-F(v) & 337-F(vi)---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, common intention, act of terrorism---Reappraisal of evidence---Occurrence was an incident of terrorism in which firing had been resorted to and hand grenades had been hurled at a Rangers party resulting in two deaths and five persons getting injured---Proceedings of the test identification parade showed that the present accused persons had been picked up by the eye-witnesses with reference to the roles played by them during the occurrence---Even during the trial the eye-witnesses produced by the prosecution had pointed towards the present accused persons amongst the culprits who had actively participated in the main incident---Ocular account of the occurrence had been furnished before the Trial Court by as many as six witnesses out of whom two had the stamp of injuries on their bodies vouchsafing their presence at the scene of the crime at the relevant time---Consistent ocular account furnished by the said eye-witnesses had received sufficient support from the medical evidence---Guilt of the accused persons had been established beyond reasonable doubt---Appeal to the extent of conviction of accused persons was dismissed accordingly. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 34, 337-F(iii), 337-F(v) & 337-F(vi)---Anti-Terrorism Act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, common intention, act of terrorism---Reappraisal of evidence---Sentence, reduction in---Death sentence reduced to imprisonment for life---Mitigating circumstances---Most of the formalities required by the law vis-a-vis holding of a test identification parade had been duly compiled with yet the dummies had remained unchanged while all the accused persons were put to identification---Such irregularity did not vitiate the parade itself but had putting the court to caution in the matter of death sentence of accused persons---Furthermore the allegations leveled against the accused persons were joint and common and no specific injury had been attributed to any particular accused person, thus, it was not clear as…
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