Case ID |
14629a5d-39b3-4071-8413-ca50c45e3c32 |
Body |
View case body. Login to View |
Case Number |
Special Criminal Anti-Terrorism Appeals Nos. 362 a |
Decision Date |
Nov 13, 2019 |
Hearing Date |
Nov 05, 2019 |
Decision |
The Sindh High Court in its judgment delivered on November 13, 2019, ruled on the appeals filed by Muhammad Usman against his conviction under the Explosive Substances Act and the Sindh Arms Act. The court noted that the appellant was found in possession of a hand grenade and an unlicensed pistol, and the prosecution witnesses supported the case with evidence. However, considering the appellant's age, family circumstances, and potential for reformation, the court reduced his sentence from five years to three years for each conviction. The court emphasized the importance of discretion in sentencing, allowing for lesser punishment under the law. The appeals were disposed of in favor of the appellant, albeit with a reduced sentence. |
Summary |
This case revolves around the appeals made by Muhammad Usman against his conviction for possession of explosives and unlicensed firearms. The Sindh High Court thoroughly reviewed the evidence presented, including witness testimonies and recovery of the weapons. It was determined that while the evidence supported the possession charges, the prosecution failed to establish any links to terrorism as defined under the relevant acts. The court took into account the appellant's age and family obligations, concluding that he was capable of reformation. The decision reflects a balanced approach to justice, considering both the legal framework and the social context of the appellant's life. The ruling emphasizes the discretion courts have in sentencing, particularly in cases involving young individuals without a significant criminal history. This case highlights the importance of fair judicial processes and the potential for rehabilitation within the legal system, making it a noteworthy reference for similar future cases. |
Court |
Sindh High Court
|
Entities Involved |
Not available
|
Judges |
MOHAMMAD KARIM KHAN AGHA,
ZULFIQAR ALI SANGI
|
Lawyers |
Ms. Safia Khan,
Muhammad Iqbal Awan
|
Petitioners |
MUHAMMAD USMAN
|
Respondents |
THE STATE
|
Citations |
2020 SLD 1836,
2020 MLD 1319
|
Other Citations |
Not available
|
Laws Involved |
Explosive Substances Act, 1908,
Sindh Arms Act, 2013
|
Sections |
4,
5,
23(1)(a)
|