Peshawar: PHC sets aside conviction in explosives case
PESHAWAR: The Peshawar High Court on Monday set aside conviction of a suspect by a subordinate court in a case of carrying explosive material and dynamites.
A single-bench of Justice Shahjehan Khan Yousafzai allowed an appeal filed by the convict, Tariq Shah, a resident of Sango Landi area here, observing that the evidence on record did not prove that the appellant had committed the offence.
Hayatabad police had arrested Mr Shah on June 14, 2010 with the alleged recovery of 27 dynamites and five kg of explosive substance from his possession. He was charged under the Explosive Substance Act and sentenced to seven years rigorous imprisonment by an additional district and sessions judge.
Advocate Saeed Khan appeared for the appellant and contended that the trial court had erred in convicting the appellant, as it had overlooked several important legal points. He pointed out that a report of the bomb disposal unit (BDU) was produced by the prosecution, but the author of the said report was not produced before the court which was mandatory under Section 510 of the Code of Criminal Procedure.
Mr Khan argued that the police constable concerned who had allegedly sealed and weighed the seized items was also not produced before the court for recording his statement. He added that the statements of rest of the witnesses were in conflict with each other.
BAIL DISMISSED: The high court dismissed bail petition of a man charged with sexually abusing a boy and making his video footage.
A single bench of the court observed that the accused-petitioner, Fawad Khan, did not deserve to be released on bail.
The prosecution alleged that the accused along with some of his friends had molested a 15-year-old boy at Menai area in Swabi district. It is alleged that the accused also made a video footage of the victim and later tried to blackmail his family by demanding Rs100,000 from them.
Advocate Mohammad Azam appeared for the victim and contended that the accused was charged in a heinous offence and extending the concession of bail to him would be an injustice. He added that the accused was directly charged in the case.