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Official Citation: 2025 IHC 224716
Court / Jurisdiction: Islamabad High Court
Parties: Muhammad Akram etc vs The State etc
Ruling Summary: This decision was rendered by the Islamabad High Court, officially reported as 2025 IHC 224716. In this matter between Muhammad Akram etc and The State etc, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
COURT: Islamabad High Court (Honourable Mr. Justice Khadim Hussain Soomro, Honourable Mr. Justice Muhammad Azam Khan) AUTHOR JUDGE: Honourable Mr. Justice Muhammad Azam Khan DECISION DATE: 03-JUL-2025 CASE NO: Criminal Appeal-220-2025 CITATION: 2025 IHC 224716 PARTIES: Muhammad Akram etc VS The State etc LAW / SECTION: - SUBJECT: Against Conviction (PPC), Upto 7 years REMARKS: Appeal agaisnt conviction in FIR No. 340/2023 dated 10-05-2023 U/s 148/149/353/324/186/188/427/436/440 PPC R/W section 7-ATA, P.S Ramna, Islamabad. ============================================================ JUDGMENT SHEET IN THE ISLAMABAD HIGH COURT, ISLAMABAD
CRIMINAL APPEAL NO. 220 OF 2025 MUHAMMAD AKRAM & ANOTHER VS. THE STATE & AND ANOTHER CRIMINAL APPEAL NO. 227 OF 2025 SOHAIL KHAN & ANOTHER VS. THE STATE & ANOTHER Appellants by
: Sardar Muhammad Tariq Fareed Gopang, Advocate in W.P No.220 of 2025. M/s Dr. Babar Awan, Muhammad Masroof Khan, and Murtaza Hussain Turi, Advocates in W.P No.227 of 2025.
Respondents by : Mr. Adnan Ali, learned Deputy District Public Prosecutor. Mr. Nisar Ahmed Shah, learned SPP for the State. Mr. Abrar, Inspector, P.S Ramna, Islamabad.
Date of hearing : 03.07.2025
MUHAMMAD AZAM KHAN, J. 1. By this common judgment, we intend to dispose of Criminal Appeal No. 220 of 2025 and Criminal Appeal No. 227 of 2025 which stem from the Judgment dated 30.05.2025 ("Impugned Judgment") passed by the learned Judge, Special Court-II (Anti-Terrorism), Islamabad ("Trial Court") in case FIR No. 340/2023 dated 10.05.2023 under Sections 148, 149, 353, 324, 186, 188, 427, 436 and 440 of the Pakistan Penal Code ("PPC") registered with Police Station Ramna, Islamabad ("Subject FIR"). Vide Impugned Judgment, the Appellants/Convicts have been convicted and sentenced as under:- Under Section 324 PPC Five years R.I each with fine of Rs.50,000/- each and in default whereof to further undergo simple imprisonment for six months. Under Section 436 PPC Four years R.I each with fine of Rs.40,000/- each and in default whereof to further undergo simple imprisonment for six months. Under Section 440 PPC Four years R.I each with fine of Rs.40,000/- each and in default whereof to further undergo simple imprisonment for six months. P a g e | 2 Criminal Appeal No. 220 of 2025 & Criminal Appeal No. 227 of 2025
Under Section 353 PPC Two years R.I each with fine of Rs.40,000/- each and in default whereof to further undergo simple imprisonment for six months. Under Section 186 PPC Three months S.I each. Under Section 188 PPC One month S.I each. Under Section 148 PPC Two years R.I each. Under Section 7(1)(b) ATA, 1997 Ten years R.I each with fine of Rs.200,000/- each and in default whereof to further undergo simple imprisonment for six months. The benefit of Section 382(B), Code of Criminal Procedure, 1898 (“Cr.P.C.”) has also been extended to the Appellants/Convicts. 2. By way of a short order dated 03.07.2025, this Court had allowed these Appeals and set aside the convictions recorded by the learned Trial Court for the reasons to be recorded later on. We now proceed to record the detailed reasons in support of our short order. 3. The brief facts of the case, as stated in the FIR (Ex.PD), are that on 10.05.2023 at approximately 07:45 PM, around 40 to 50 unidentified armed individuals, holding PTI flags and banners and brandishing weapons, arrived at the main gate of Police Station Ramna, Islamabad. They attempted to break the gate and set fire to Motorcycle No. STK-6211 and three unregistered 70CC motorcycles belonging to police officials. Meanwhile, armed individuals riding in a black Prado and a white Corolla opened fire on the police. Bullets struck the main gate of the police station and shattered the windowpanes of the mosque located within the premises. The police responded with aerial firing, after which the assailants fled the scene. The attackers violated restrictions imposed under Section 144 Cr.P.C., assaulted police officials while armed, attempted to forcefully enter the police station, and spread terror. As a result, the Subject FIR was registered. 4. After necessary investigation, the Appellants/Convicts were sent up to the Trial Court to face the charges, where on commencement of the trial, the Appellants/Convicts entered the plea of denial, thus the prosecution in order to bring home the charge, produced as many as twenty-one (21) witnesses, and after P a g e | 3 Criminal Appeal No. 220 of 2025 & Criminal Appeal No. 227 of 2025
close of the prosecution side, the Appellants/Convicts refuted the allegations so brought and confronted with the allegations as envisaged under Section 342 of Cr.P.C., whereafter, the Appellants/Convicts neither stepped into the witness box to depose on oath nor produced any evidence in their defense, hence on conclusion of the trial, the Appellants/Convicts were convicted and sentenced in the terms mentioned in the paragraph supra. Being aggrieved of the Impugned Judgment, the Appellants/Convicts have filed the instant Appeal. 5. The learned counsel for the Appellants/Convicts contended that the prosecution has failed to prove its case beyond the shadow of doubt as such the learned Trial Court should have given the benefit of doubt to the appellants and should have acquitted both of them. Learned counsel placed reliance on 1995 SCMR 134; that the Impugned Judgment has caused great miscarriage of justice and the same is not maintainable under the norms of the natural justice as the learned Trial Court has not considered the material contradictions of prosecution witnesses; that the learned Trial Court has not confronted the relevant reports in the statement under Section 342 Cr.P.C, and on the said report, the conviction is illegal and unlawful; that there are lot of contradictions in the statements of prosecution witnesses which is totally ignored by the learned Trial Court as according to Sections 38, 39 & 40 of Qanoon-e-Shahadat, the statement of the witnesses are not admissible in the eyes of law; that the learned Trial Court failed to appreciate that nothing incriminating was recovered from the appellants on the basis of which the appellants could be convicted and the recovery allegedly affected from the appellants is fake; that there are material contradictions in the statements of prosecution evidence which create a sufficient ground to acquit the appellant; that the Impugned Judgment is based on surmises and conjectures; that the sentence passed by the learned Trial Court is severe in nature and not maintainable in the eyes of law and against the material/evidence available on the record; that no independent witness was associated during the recovery proceedings but learned Trial Court ignored the mandatory provision of Section 103 Cr.P.C. Lastly, learned counsel prayed for acceptance of instant appeal, setting aside of Impugned Judgment and acquittal of appellants from the instant case. P a g e | 4 Criminal Appeal No. 220 of 2025 & Criminal Appeal No. 227 of 2025
6. Conversely, the learned Deputy District Public Prosecutor ("DDPP") vigorously resisted the arguments advanced by the learned counsels for the Appellants/Convicts and submitted that the prosecution has proved the case against the Appellants/Convicts beyond any shadow of doubt; that the Appellants/Convicts being armed, assaulted upon a police station which caused terror; that the Appellants/Convicts were duly identified by the witnesses during the course of identification parade; that the prosecution witnesses remained consistent on material aspects of the case; that there is sufficient evidence available on record which connects the Appellants/Convicts with the commission of the offence; that the Impugned Judgment is well reasoned and has been passed while keeping in view the evidence available on record; and that the instant appeal may kindly be dismissed. 7. We have heard the learned counsel for the parties and have also perused the record with their able assistance. 8. PW-1 Zafar Hayat S.I stated that on 10.05.2023, while serving as Moharrar at P.S Ramna, Islamabad, around 40-50 armed PTI supporters attacked the police station around 7:40 p.m. They chanted slogans, carried flags, sticks, and weapons, and attempted to break the gate and set four police motorcycles on fire. Despite efforts to stop them, unknown individuals in a black Prado and white Corolla opened fire with intention to kill them, damaging the mosque windows inside the station. Police responded with aerial firing in self-defense, causing the attackers to flee. On 19.05.2023, during an identification parade, he recognized Zariyab Khan, Abdul Lateef, Samual Robbert, and Wazeerzada for their respective roles in the violence. Accused Abdul Lateef pelted stones upon the police party and was involved in siege and arson, accused Samual Robbert made straight firing upon the gate of Police Station and lit-up the motorcycle parked outside the police station, accused Wazeerzada also made straight firing upon the gate of Police Station and lit-up the motorcycle parked outside the police station and accused Zariyab Khan made straight firing upon Police party. He put his thumb impression upon the proceedings of the identification parade. PW-2 Abid LHC deposed the same facts as narrated by the PW-1. In addition to that, he stated that on 13.05.2023, SI Zafar Iqbal arrested and brought P a g e | 5 Criminal Appeal No. 220 of 2025 & Criminal Appeal No. 227 of 2025
the accused Abdul Lateef, Samual Robbert, and Wazeerzada to the police station. At the time of arrest, Wazeerzada was wearing a cap (P.1) with the words "Hum koi Ghulam hai absolutely not" and a red and green muffler (P.2), both of which were seized via recovery memo (Exh. PA), signed by him and Zafar Ali SI. From Abdul Lateef, a PTI flag and bamboo (P.3/1-2) were recovered and documented in memo (Exh. PB), also signed by him and Zafar Ali S.I. From Samual Robbert, a PTI flag (P.4) and a picture of Imran Khan (P.5) were recovered, which were taken into possession by I.O through recovery memo Exh. PC. PW-3 Amman Ullah Khan HC is also the eye-witness of the occurrence and narrated the same details, however, he mentioned the date of occurrence as 09.05.2023 upon which he was declared as hostile but in cross-examination, he admitted that the occurrence took place on 10.05.2023 instead of 09.05.2023. PW-4 Mustafa Ulfat ASI was also present at P.S Raman on 10.05.2023. He also narrated the same facts of the occurrence as mentioned by PW-1 and PW- 2. In addition to that, he stated the specified motorcycle registration number set to fire i.e. one was STK-6211, three others were “applied for” and CD 70 CC. That he and other officials went up to the roof of the police station to save their lives and made aerial firing from the roof to disperse the mob. On 19.05.2023, he identified three accused during the identification parade, i.e., Accused in row No. 2, serial No. 8 [Samuel Robert], who fired on police and caused wreckage. Accused in row No. 4, serial No. 8 [Anwar Khan], who lit a motorcycle on fire. Accused in row No. 10, serial No. 1 [Zarab Khan], who fired, lit a motorcycle, and caused wreckage. He signed and thumb-marked the identification parade proceedings. PW-5 Muhammad Faisal 7141/C deposed the occurrence as narrated by the PW-4. In addition to that on 19.05.2023, he participated in identification parade proceedings held at Central Jail Attock and identified three accused i.e. Accused in row No. 10, serial No. 1 [Zarab], who fired on police, lit motorcycles, caused wreckage. Accused in row No. 11, serial No. 8 [Muhammad Akram] who fired on police, lit motorcycles, caused wreckage. Accused in row No. 12, serial No. 4 [Mera Khan] who attacked police station, lit motorcycles, made firing. P a g e | 6 Criminal Appeal No. 220 of 2025 & Criminal Appeal No. 227 of 2025
PW-6 Muhammad Ammad 1693/C deposed the details of the occurrence. PW-7 Mohsin Saleem ASI narrated the details of the occurrence. He also chalked F.I.R. Ex.PD of instant occurrence u/s 324, 353, 186, 188, 427, 436, 440 148, 149-PPC read with Section 7-D OF ATA, 1997. On the same day, Mian Muhammad Shehbaz Inspector I.O visited the place of occurrence and upon his pointation, I.O prepared un-scaled site plan. 1.O took 23 pictures (P-6 to P-28) of place of occurrence which were printed on 12 different pages. 1.0 took the same into his possession through recovery memo Exh.PE. On the same day, I.O collected 158 stones P-29/1-158 from the place of occurrence in a sack which were used by the accused persons during the occurrence and took the same into possession through Recovery Memo Exh.PF. On the same day, I.O further took into possession the suitable amount of ashes of burnt motorcycles of the police officials vide recovery memo Exh.PG and prepared a seal parcel of the same bearing the seal 'MS". I.O took into possession the burnt bodies of the motorcycles. (1) Motorcycle Honda CD 70, registration No. STK-6211, Engine No.537700 belonging to Waqas Ahmed HC P-30 (2) Motorcycle 70 CC. Engine and Chassis No MRD-108435 belonging to Ali Akbar HC P-31(3), Motorcycle Honda CD 70 CC, Engine No E-447267, chassis No US 70-716617 belonging to Kafi Umer constable P-32 (4) Motorcycle Honda CD 70 CC. Engine NO 8091847, chassis NO JG442411belonging to Istajab Gull constable P-33 vide recovery memo Exh.PH and Muhammad Shareef ASI signed the said memo as witnesses. On the same day, I.O took into possession 15 empties of pistol 30 bare P-34(1-15). 20 empties of pistol 9MM P-35(1-20), 8 empties of Kalashnikov P- 36 (1-8), 18 empties of SMG P-37(1-18) vide recovery memo Exh.PJ. I.O prepared separate sealed parcels of the same bearing the seal of “MS”. PW also deposed that on the same day, I.O took into possession from the place of occurrence three broken pieces of sign board P-38(1-3) and broken pieces of light glass P-39 affixed at police post vide recovery memo Exh.PK. On 13.05.2023, Zafar Iqbal SI PS Ramna, Islamabad after arresting nine accused persons came to Police Station Ramna, Islamabad and I.O conducted the personal search of these accused persons in his presence. During personal search of accused Abdul Lateef, I.O got recovered mobile Phone make Infinix P.40 and Cash Rs. 1000/- P.41 from his possession. I.O further recovered from the possession of accused Abdul Basit P a g e | 7 Criminal Appeal No. 220 of 2025 & Criminal Appeal No. 227 of 2025
a mobile phone hot-10 Inifinix p.42 and from the possession of accused Zeeshan I.O recovered an android mobile phone Huawei colour blue P.43 and Rs 700/- P- 44 and from the possession of accused Samual Robbert, I.O recovered a mobile Phone Techno P-45 and cash Rs. 580/- P-46 and from the possession of accused Wazeerzada, I.O recovered Oppo Mobile blue colour P.47 and his original CNIC P-48 and from the possession of accused Anwar Khan, I.O recovered his original CNIC P.49 and Original Driving License P.50. I.O took into possession all above said recovered articles through recovery memo Exh.PL. On 19.05.2023, he participated in identification parade proceedings held at Central Jail, Attock in which he rightly identified accused Abdul Latif at serial No.5 in row number one, and stated his role that accused made firing at police station and burnt motorcycle. He also rightly identified accused Samuel at serial No. 8 in row No.2 and stated his role that he attacked upon police station, made firing and caused damage to properties, he also rightly identified accused Abdul Basit at serial No.2 row number 5 and stated his role that he attacked upon police station with sticks and made firing, he also rightly identified accused Zaryab Khan in serial No. 1 row number 10 and stated his role that he burnt motorcycles at the gate of police station, he also rightly identified accused Muhammad Ikram at serial No. 8 Row No.11 and stated his role that he attacked upon police station with sticks and made firing. He also rightly identified accused Meera Khan at serial No.4 Row No.12 and stated his role that he attacked upon police station, made firing upon police burnt motorcycle at gate and caused damage to properties. He put his thumb impression and signature upon the identification parade proceedings. On 26.05.2023, he participated in identification parade proceedings held at Central Jail, Attock in which he rightly identified accused Muhammad Aamir at serial No.4 in row No.2, and stated his role that on 10.05.2023, during the occurrence accused made firing upon police station and pelted stones as well. The accused was holding flag and stick in his hand. He put his thumb impression and signature upon the identification parade proceedings. On re-examination, he further stated that on 10.05.2023, he was posted as Duty Officer at police station Ramna, Islamabad and on the same day, he drafted the complaint Exh.PLL of the instant occurrence and chalked out the FIR already exhibited Exh-PD as per the contents of the complaint. P a g e | 8 Criminal Appeal No. 220 of 2025 & Criminal Appeal No. 227 of 2025
PW-8 Aman Ali 4875/C deposed the details of the occurrence. In addition to that, he deposed that on 19.05.2023, he participated in identification parade proceedings held at Central Jail Attock and identified three accused i.e. Accused in row No. 1, serial No. 5 [Abdul Latif], who fired on police, caused damage to property and burnt motorcycles. Accused in row No.2, serial No. 8 [Samuel] who fired on police, caused damage to property and burnt the motorcycles. Accused in row No. 3, serial No. 4 [Wazeerzada] who attacked police station, caused damage to motorcycles and burnt the motorcycles. Accused in row no.10 Serial No.1 [Zaryab Khan] who attacked upon police station with stones and petrol bombs. Accused in Row No.11 Serial No.8 [Muhammad Ikram] who attacked upon the police station and caused damage to property. Accused in Row No.12 Serial No.4 [Meera Khan] who attacked upon police station, made firing upon police burnt motorcycle at gate and caused damage to properties. On 26.05.2023, he participated in identification proceedings held at Central Jail, Attock, in which he rightly identified the accused Muhammad Aamir at serial No.4 in Row No.2, who made firing upon the police station and pelted stones as well. The accused was holding flag and stick in his hand. PW-9 Atta Ullah 7549/C deposed the details of the occurrence. In addition to the identification of accused mentioned by the PW-8, he identified accused Anwar at Serial No.8 in Row No.4 who attacked on the police with stones and sticks and caused damage to property. PW-10 Atif Khan 5108/C deposed the details of the occurrence. In addition to that, during identification parade on 19.05.2023, he identified accused Abdul Latif at Serial No.5 in Row No.1. He also identified accused Meera Khan at Serial No.4 in Row No.12, with their roles. PW-11 Muhammad Khalid HC deposed the details of the occurrence. PW-12 Waqas Ahmed 7422/HC deposed that on 10.05.2023, he was performing his special duty at Srinagar Highway. He parked his Honda motorcycle CD 70 in the parking of P.S Ramna and went to perform duty. When he came back to P.S Ramna, he was told that the mob attacked upon police station and his motorcycle was burnt in consequence of such attack as well as three other motorcycles were burnt by the mob. He identified his motorcycle through number P a g e | 9 Criminal Appeal No. 220 of 2025 & Criminal Appeal No. 227 of 2025
plate, engine and chassis number. I.O prepared memo of identification Ex.PM of his motorcycle which was signed by him and Moharrar. I.O recorded his statement u/s 161 Cr.P.C. PW-13 Zafar Iqbal Inspector deposed that on 13.05.2023, he joined investigation with the I.O. They along with other officials were on patrolling duty and received spy information regarding the presence of accused of this case within the jurisdiction of P.S Ramna. They apprehended nine accused namely Ehtasham Khan, Shahzaib, Abdul Lateef, Samuel Robbert, Wazeerzada, Anwar Khan, Abdul Basit, Zeeshan Ali and Muhammad Yousaf and brought them to Mian Shahbaz Inspector who interrogated and formally arrested them. I.O recorded his statement u/s 161 Cr.P.C. PW-14 Ameer Ali Soomro S.I deposed that on 15.05.2023, he along with other officials were on patrolling duty within the jurisdiction of P.S Ramna. They arrested three accused persons namely Zaryab Khan, Meera Khan and Muhammad Akram. He brought the accused persons before Mian Muhammad Shahbaz Inspector/I.O who interrogated the accused persons and formally arrested them and conducted their personal search. On personal search of accused Zaryab Khan, a red and green cap P-51 of PTI and Danda P-52 were recovered which I.O took into possession through recovery memo Ex.PN. On personal search of accused Muhammad Akram, a flag of PTI (P-53), a danda P-54 and a mobile phone Infinix P-55 were recovered which I.O took into possession through memo Ex.PO. On personal search of accused Meera Khan, a cap P-56 of PTI and a mobile phone Vivo P-57 were recovered which I.O took into possession through memo Ex.PP. I.O recorded his statement u/s 161 Cr.P.C. PW-15 Muhammad Sharif ASI deposed the details of the occurrence. He deposed that on 10.05.2023, Mian Muhammad Shahbaz Inspector/I.O visited the place of occurrence and upon his pointation, prepared unscaled site plan of the same. I.O took into possession 23 pictures (P-6 to P-28) of place of occurrence, collected 158 stones (P-29/1-158) from the place of occurrence, took into possession the suitable amount of ashes of burnt motorcycles of the police officials, the burnt bodies of the motorcycles, 15 empties of pistol 30 bore P-34/1- 15, 20 empties of pistol 9MM P-35/1-20, 8 empties of Kalashnikov P-36/1-8, 18 P a g e | 10 Criminal Appeal No. 220 of 2025 & Criminal Appeal No. 227 of 2025
empties of SMG P-37/1-18, three broken pieces of sign board P-38/1-3 and broken pieces of light glass P-39, through separate recovery memos. On 19.05.2023, he participated in identification parade proceedings held at Central Jail, Attock in which he rightly identified accused Abdul Latif at serial No.5 in Row No.1, Samuel at Serial No.8 in Row No.2, Anwar Khan at serial No.8 in Row No.4, Zeeshan Ali at serial No.3 in Row No.6, Yousaf at serial No.6 in Row No.8, Zaryab Khan at serial No.1 in Row No.10 and Meera Khan at serial No.4 in Row No.12. He put his thumb impression and signatures upon the identification parade proceedings. PW-16 Ali Akbar HC deposed that on 10.05.2023, he was on special duty relating to a protest on Srinagar Highway, Islamabad. He went to place of his duty on official vehicle after leaving his motorbike applied for Engine 70CC and Chassis No.MRD-108435 at the parking of P.S Ramna. When he came back to P.S, he came to know that a charged mob had burnt his motorcycle in an attack to police station. He identified his motorbike through Engine and Chassis number upon which Inspector Mian Muhammad Shahbaz/I.O prepared identification memo Ex.PQ. On 16.05.2023, he again joined investigation of instant case with I.O who conducted personal search of accused Muhammad Aamir on his arrest and secured a mobile phone make Vivo Y33S P-58, PTI Flag P-59 and PTI Cap P-60, which I.O took into possession through recovery memo Ex.PR. I.O also secured a Land Cruiser P-61 having registration No.ADN-444, color white which was in personal use of accused persons, vide recovery memo Ex.PS. On 19.05.2023, he again joined the investigation of instant case with the I.O. Upon the instructions of I.O, he obtained three sealed parcels from Moharrar and deposited the said parcels containing seal of MS to NFSA, Islamabad vide Road Certificate No.259/23 intact and handed over the copy of Road Certificate with the receiving of officials of NFSA, Islamabad on the back side, to I.O. On 22.05.2023, he handed over Identification Parade Report containing 15 pages of accused persons Abdul Latif, Samual Robert, Wazirzada, Anwar Khan, Abdul Basit, Zeeshan Ali, Shahzeb, Yousuf, Ehtasham Ali, Zaryab Khan, Muhammad Akram and Meera Khan, to the I.O after receiving the same from Naib Court of A.C Potohar, Islamabad. I.O took the same into possession vide recovery memo Ex.PT. On 23.05.2023, I.O conducted personal search of accused Muhammad P a g e | 11 Criminal Appeal No. 220 of 2025 & Criminal…
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