PESHAWAR: A Peshawar High Court bench on Monday set aside the conviction by an anti-terrorism court in an explosive case, ruling that the prosecution failed to prove the charge of possessing hand grenades against the convict.

Justice Ibrahim Khan and Justice Nasir Mehfooz observed that the evidence on record didn’t connect the convict and appellant, Raees Khan, with the commission of the offence.

The prosecution had claimed that the counter-terrorism department of Malakand had arrested the appellant on Jan 15, 2016, and seized hand grenades, while an FIR was registered against him under Section 7 of the Anti-Terrorism Act and sections 3 and 4 of the Explosive Substance Act.

The CTD had alleged that the appellant was a militant outfit’s member and that he had intended to use the seized explosives in acts of terrorism. The appellant was convicted by an anti-terrorism court, which had awarded him 11 years rigorous imprisonment.

Sahibzada Asadullah, lawyer for the appellant, said the prosecution’s case against his client was full of lacunas but the trial court had overlooked them.

He said the ‘case property’ produced before the court was questionable as the seal on it carried the monogram of the name of the officer other than the one, who had recovered the seized items.

The lawyer added that the report of the forensic science laboratory also showed that the ‘case property’ was sent to examination after a delay of many days.

He said as the ‘case property’ had become doubtful, it had made the entire seizure questionable.

The state prosecutor said the appellant was caught with hand grenades and that on the basis of some minor discrepancies, the appellant couldn’t be acquitted.

ACQUITTED: Justice Ikramullah Khan of the high court’s single-member bench on Monday acquitted a man, who was convicted by the trial court in a sexual assault case.

The appellant, Shah Nawaz of Shabqadar area, was convicted by the trial court on June 13, 2016, and was sentenced to 10 years rigorous imprisonment and Rs50,000 fine.

The assault victim had lodged an FIR in Sept 2011 claiming she was lured by Nabi Gul, who had promised to marry her.

She had also insisted that when she had left her house, Nabi Gul had taken her to a woman’s house in Peshawar and sexually abused her before leaving.

The woman had claimed that the house owner used her for prostitution before she escaped. She had also accused the appellant, Shah Nawaz, of sexually abusing her at the Peshawar house.

Published in Dawn, August 8th, 2017