| Citation(s) |
|---|
| 2025 SLG 1889 2025 SLD 1889 = 2025 SHC 1793 = 2025 SHC 1794 |
Spl. Cr. Anti-Terrorism Appeal No. 03 of 2023 Spl. Cr. Anti-Terrorism Appeal No. 04 of 2023 Confirmation Case No. 01 of 2023
Mr. Justice Omar Sial Mr. Justice Muhammad Hassan (Akber)
[Mehboob Akhtar Mian
VS
. The State] [Abbas Bangash vs. The State & others]
Law: Pakistan Penal Code (PPC),1860
Section: 365-A , 302, 201 ,465
Law: Code of Criminal Procedure, 1898
Section: 544-A, 164
Law: Anti Terrorism Act, 1997
Section:
Law: Qanun-e-Shahadat Order, 1984
Section: 164
Summary of the Judgment
This judgment concerns the appeal against the conviction and death sentence of Abbas Bangash and Major Mehboob, accused of the kidnapping and murder of Aziz Akhtar. Aziz went missing on 03.10.2020, and on Abbas Bangash’s lead, her dead body was recovered from a well in April 2021. The trial court convicted the accused under multiple sections of the Pakistan Penal Code (PPC) and sentenced them to death along with other penalties.
On appeal, the Court critically analyzed the prosecution's evidence, especially the USB recording, the recovery of the dead body, and the confessional statement of Abbas Bangash. The Court found serious procedural and evidentiary lapses, including:
The USB recording was not properly authenticated and did not meet the strict criteria for admissibility.