Case Details

Citation(s)
2021 SLG 1812 2021 SLD 1812 2021 PLJ 407
Lahore High Court
Crl. A. No. 101-J of 2013, decided on 12.1.2021, Date of hearing: 12.01.2021.
CH. MUSHTAQ AHMED, JUSTICE, FAROOQ HAIDER, JUSTICE.
Mr. James Joseph, Advocate for Appellant. Malik Riaz Ahmed Saghla, Additional Prosecutor General for State. Rana Mehboob Ali, Advocate for Complainant.

ALLAH BAKHSH ALIAS BAKHSHI

VS

STATE

Law: Anti Terrorism Act, 1997

Section: 7(c),21(m)(1)

Law: Penal Code (XLV of 1860)

Section: 365-A

Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----Ss. 7(c) 21(m)(1)--Pakistan Penal Code, (XLV of 1860), S. 365-A--Conviction and sentence--Challenge to--Benefit of S. 382(b), Cr.P.C.--Allegation of abduction--Specific role--Specifically nomination in FIR--Proving of identification of appellant--Natural witness--Reliable evidence--Identification of accused is having no question mark in case rather same stands proved beyond shadow of doubt--Prosecution witness being abductee/victim is natural witness of occurrence and during his evidence, he has narrated/ explained complete detail of occurrence and described specific role of appellant during his cross-examination, his credit could not be shaken and he remained consistent and his evidence has been found as reliable from all angles--It is worth mentioning here that role of accused in episode is heavier than role attributed as appellant was present in said camp and also guarded abductee/ victim during his alleged detention--When case of prosecution has been kept in juxtaposition with defence plea/evidence, then it has been found that prosecution has proved its case up to hilt beyond shadow of doubt through confidence inspiring evidence against appellant whereas appellant’s plea/version could not repel/refute the, same and even otherwise remained unproved and unconvincing--Petition dismissed. JUDGMENT Farooq Haider, JUSTICE.- This appeal has been filed against the judgment dated 06.06.2013 passed by learned Judge Anti-Terrorism Court-IV, Lahore (Camp at Dera Ghazi Khan), whereby in case arising out of F.I.R. No. 186/2006 dated 06.05.2006 registered under Section 365-A PPC at Police Station Jatoi, District: Muzaffargarh (Ex.PA), the learned trial Court has convicted and sentenced the appellant as under:-- i) under Section 7(e) of Anti-Terrorism Act, 1997 to imprisonment for life with forfeiture of property. ii) under Section 365-A PPC read with Section 21 (m) (i) of Anti-Terrorism Act, 1997 to imprisonment for life with forfeiture of property. Both sentences were ordered to run concurrently with benefit of Section 382-B Cr.P.C to the extent of offences under Pakistan Penal Code. 2. Briefly, the prosecution case as per…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492