ISLAMABAD: The Supreme Court on Friday overturned a 14-year sentence handed to an accused, Shah Hussain, for allegedly carrying a bag filled with explosive material.
A three-member bench of the apex court, headed by Justice Athar Minallah, accepted Shah Hussain’s appeal against his conviction and subsequent imprisonment, which had been awarded by an anti-terrorism court.
The court acquitted the accused, citing weak prosecution as the reason for setting aside the sentence. During the hearing, Arshad Hussain Yousafzai, counsel for Shah Hussain, argued that the prosecution had failed to establish a credible case against his client. He said that Shah Hussain, who is disabled and has a lame leg, was merely a passenger who had taken a lift on a motorbike and had no connection to the alleged crime.
Justice Irfan Saadat Khan also pointed out the inconsistency in the case, observing that the motorbike rider had been released, while the disabled passenger was sentenced to 14 years in prison.
The court subsequently set aside the conviction, concluding that the prosecution’s evidence was insufficient to uphold the sentence.
It is pertinent to note that Shah Hussain was accused of carrying a bag containing 1,250 grams of explosive material. The anti-terrorism court had sentenced him to 14 years in prison, a verdict later upheld by the Peshawar High Court.