Law: Pakistan Penal Code, 1860

Section: 336-B

Law: Qanun-e-Shahadat (10 of 1984)

Section: 122

(a) Penal Code (XLV of 1860)---S. 336-B---Qanun-e-Shahadat (10 of 1984), Art. 22---Hurt by corrosive substance (acid)---Test identification parade not required where victim identifies the accused---Plea of accused that muffled description of accused narrated in the First Information Report in the absence of a test identification parade was fatal to the prosecution case---Validity---Occurrence took place inside the mosque and the victim while in the witness-box unhesitatingly pointed his finger on the culpability of the accused---Extensive burn injuries with instant impact certainly debilitated the victim with suspended faculties; it is but obvious that he was not in a position to communicate with the complainant---Absence of accused’s name in itself amply demonstrated that no deliberations or consultations were made before registration of the case---Multiple burn injuries, extensive in nature, involving different parts of body rule out the possibility of an accident or self-infliction---Victim survived the assault and, thus, was able to disclose assailant’s identity, a circumstance which was confidence inspiring and, thus, required no test identification parade, as he himself identified his assailant---Motive was not a constituent of the crime and the complainant or victim could have trotted out many but they preferred none---View concurrently taken by the trial Judge as well as the High Court on accused’s culpability for having targeted the victim with acid was not open to any legitimate exception---Conviction and sentence of accused under section 336-B of P.P.C. was maintained---Appeal was partly allowed. (b) Penal Code (XLV of 1860)--- ----S. 336-B---Anti-Terrorism Act (XXVII of 1997), S. 7(c)---Hurt by corrosive substance (acid)---Acid thrown on a victim inside a mosque---Conviction of accused under section 7(c) of the Anti-Terrorism Act, 1997 was set-aside, however his conviction under section 336-B of P.P.C. was maintained---Appeal was partly allowed. JUDGMENT: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Muhammad Ashraf (PW-2) was in the village mosque when on 3.8.2013 the appellant splashed acid on his body, as a result whereof, he sustained nine burn…

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