Case Details

Citation(s)
2020 SLG 1821 2020 SLD 1821 2020 MLD 1248
Lahore High Court, Multan Bench, Multan
Cr. Appeal No. 666 of 2016-ATA, decision & hearing Date : 11-09-2019
TARIQ SALEEM SHEIKH, JUSTICE ANWAARUL HAQ PANNUN, JUSTICE
Muhammad Basir Khan Sikhani for Appellant. Shahid Aleem, Additional Prosecutor General for the State.

SHAHID HUSSAIN

VS

THE STATE

Law: Anti Terrorism Act, 1997

Section: 9,8,11-F,11-W,19-A

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 9, 8, 11-F, 11-W &19-A---Criminal Procedure Code (V of 1898), S. 103---Prohibition of acts likely to stir up sectarian hatred, membership, support and meetings relating to a proscribed organization---Mode of making searches and arrest---Search to be made in presence of witnesses---Appreciation of evidence---Police witnesses---Scope---Complainant, an Inspector of police, complained that people of different sects came to him and complained about the spite being spread by the accused through facebook---Investigating officer deposed that the accused during investigation had disclosed the password of his facebook account and the account was checked by an Incharge of the IT department who had found the spiteful conversations---Witnesses had remained consistent on all material points---Accused had cross-examined them at length but had failed to impeach their credibility---Police witnesses were as good as any other witness unless it was proved through reliable evidence that they had a reason to falsely implicate the accused---No such material was brought on record in the case---Section 19-A, Anti-Terrorism Act, 1997, excluded the application of S.103, Cr.P.C.---Investigating Officer had sent the USB (Universal Serial Bus) flash drive and the CPU (Central Processing Unit) to the Forensic Laboratory---Report of Forensic Laboratory had reinforced the prosecution case---Prosecution had proved the charge against the accused beyond any shadow of doubt---High Court, while dismissing appeal, reduced the sentence handed down by the Trial Court as the accused was a first offender. Naseer Ahmad v. The State 2004 SCMR 1361; Aala Muhammad and another v. The State 2008 SCMR 649 and Muhammad Khan v. The State 2008 SCMR 1616 ref. (b) Anti-Terrorism Act (XXVII of 1997)--- ----S. 19-A---Criminal Procedure Code (V of 1898), S. 103---Mode of making searches and arrest---Search to made in presence of witnesses---Scope---Section 19-A, Anti-Terrorism Act, 1997 excludes the application of S.103, Cr.P.C. (c) Criminal trial--- ----Witness---Police witness---Scope---Police witnesses are as good as any other witness unless it is proved through…
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