Case Details

Citation(s)
SLG 1857 (2019) 121 SLD 1857 (2019) 121 SCMR 1156
Supreme Court of Pakistan
Criminal Appeal No. 148-L of 2017, decision & hearing Dated: 20-05-2019. (On appeal from the judgment Dated 12.03.2015 passed by the Lahore High Court, Lahore in Criminal Appeal No. 86-J of 2011 and C.S.R. No. 22-T of 2010)
MANZOOR AHMAD MALIK, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Syed Zahid Hussain Bukhari, Advocate Supreme Court and Ms. Khalida Parveen, Advocate Supreme Court
Respondent(s) by: Mazhar Sher Awan, Additional Prosecutor-General, Punjab

ASAD REHMAT

VS

THE STATE AND OTHERS

Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Anti Terrorism Act, 1997

Section: 7

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, acts of terrorism---Reappraisal of evidence---Medical evidence---Rigor mortis---Occurrence, statedly, took place at 2.00 p.m., autopsies started 4.30 p.m. and concluded at 9.00 p.m.---Medical officer noted rigor mortis with respect to all corpses---Occurrence took place in month of March, and development of rigor mortis within such short span of time was mind boggling---Occurrence did not appear to have taken place at the point of time mentioned in the crime report---Appeal was allowed and accused was acquitted in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, acts of terrorism---Reappraisal of evidence---Accused allegedly exchanged fire with a police contingent and during the occurrence several people including police officials lost their lives---Single individual holding the police party at bay, escaping retaliatory fires, jumping from one roof top to another, snatching a motorbike, fleeing within the view and reach of a police party with a vehicle was a story that was not easily believable---Motorbike allegedly snatched by accused belonged to a co-villager, who was the best witness to prove the charge, but he was conspicuously not arrayed as a witness---Similarly, the alleged abductee of a criminal case in connection with which the police wanted to arrest the accused, was also not arrayed as a witness---Appeal was allowed and accused was acquitted in circumstances. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, acts of terrorism---Reappraisal of evidence---Recovery of weapon and crime empties---Although the casings/empties tallied with the weapon, however, these were dispatched on a date subsequent to arrest of accused and thus such piece of evidence lost its significance---Appeal was allowed and accused was acquitted in circumstances. (d) Penal Code (XLV of 1860)--- ----S. 302(b)---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, acts of terrorism---Reappraisal of evidence---Case of cross-firing between accused and…
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