a foelh ele J connection with checking ancl patrolling, 4 v y y IN THE COURT OF MUIAMMAD ATTA KABBANI ADDI The state through Syed Asim Ghaffar S.1/5110, P CIAL COURT GBYV, BAD 1. SESSIONS JUDGE, SP Case No.4/ 2021 : “Trial No /GBV/ 2021 Golra Sharif, Islamabad. son Complainant Vs 1. Muhanmmast Usman Hhrar 8/0 Muhammad tbrar aged! about 32/33 years 2/0 Louse No.729, street No 75, Sector 6/3 Islamabad a Farhanhakeen Awan$/0 ShamriazShalween aged about 30/31 years Ryo U/s 354-8/342/395/375-A/114/34/506(11)/5 |UDGMENT 75.08.2022 ‘The prosecution after investigatio CrPC against the accused pe Shaheen Awan, Hafiz Atta-ur-Rehman, Mohib KI 354-A/342/395/375-A/214/34 /5 ‘above mentioned criminal case register Islamabad. Police Station Golra Sharif alongwith Noor El viral on social medlia twitter shraf Town Pindorian Iskamabad. 7 Atlaatt-Rehman §/0 Bas Street No.06, Khayam Town, H-13, Islamabad. 4. Muhammad Adaris Qayoum Butt 24/25 years R/O House No833 mair Mobil) Khan $/0 Ibrahim Khan, House No.210-A, near Murgh Mandi Shai 6 Rehan Hussain Mughal S/O Haji Lal aged School, House NoSN-210, Dhoke Ks Omer Bilal Khon S/O Taj Muhammad aged al No.74, House No.1840, Sector 1-10/1 Islamabad. Accused | hhan, Rehan Hussain Mughal and Omer Bilal Khan for Briefly stated that the complainant Sy HC (PW-2) and Hassan Muijtaba 4007/C wi + Ahmad aged! about 28/29 years R/O 5/0 Muhammad Mazhar aged about n service road, Sector I-8/4 Islamabad. caste Bangsh aged about 22 years R/O msabad Rawalpinci i about 33 years R/O Near Nabina ‘ala Khan, Shamsabad Rawalpindi bout 22 years R/O Street FIR No.442/2021, dated 06.07.2021 (09/384/377-B/412 Police Station Golra Sharif Islamabad. of the case sent up report u/s 173 rsons namely Muhammad Usman Ibrar, Farhan Muhammad Adaris Qayoum Butt, facing trial u/s .06(1i)/509(i)/384 /411/149 PPC, in the ed with Police Station Golra Sharif, Ghaffar SI being SHO yed! As lahi AST (PW-7), Inayat Khan 6987 fas present at Golra Darbar Chowk in (0m 06.07.2021, he watched a video went account alongwith his officials. In the said video 5/6 E Scanned with CamScanner ‘Scanned with CamScannerjnyy them mune, persons confining, room on gui point mal FL and boy Uhreating ant committing abseene nets with them, After getting assintance: of He ont No. 417, aM" floor, yee as par spy informer, he found the place of eccurr «of four ee er kro the Magnum Heights, 1-1/2, Islamabad and he €a persons as Muhammad Usman Ihear s/o Muhammad tbrar r/0 House No739, Street 75, Sector 148/4, Islamabad, Hafiz, Aasur-Rehman, Farhan Shaheen Awan, viral video in USB and! took in police possession Adaris Butt, He got saved thes FIR Ex.P-L/1 was lodged by Tariq Zaman SI (PW-13) Upon his complai 3 0 3 After securing the aticndance of the accused persons, they w charged on 28.09.2021 u/s 354-A/342/395/375-A/114/34 /506 (1i)/509(i)/384 /411/149 P.P.C to which they pleaded not guilty and claimed trial, thereafter prosecution was directed to produce its evidence and the prosecution produced its evidence as under:~ Pwa Said Wali ASI deposed that on 07.07.2021, he was posted in SHIU Saddar Circle Islamabad, on same day he joined investigation with 1.0 Shafqat Mahmood Inspector. The 1.0 received spy information that accused of this case Adaras Butt is present in E-11 Markaz ancl may be arrested. On spy information LO alongwith him and Ameer Hamza 7871/HC went to E-11 Markaz, on pointation spy informer LO arrested the accused Adaris Butt. LO conducted personal search of the accused and recovered vivo mobile phone black color P-1 and the 1.0 prepared recovery memo Ex.P-A which bears his signature and Ameer Hamza 7871/HC. On 09.07.2021, LO alongwith him and ‘Ameer Hamza 7871/HC raided the house of accused Omer Bilal and arrested him. The 10 conducted his personal search and recovered 3, The LO one mobile phone real me P-2 and original CNIC card in possession vide recovery memo Ex.P-B duly took the said article attested by him and Ameer Hanwa 7871/HC. The LO recorded his statement u/s 161 Cr.P.C. On 10.07.2021, he alongwith LO proceeded to SP office, In his presence 10 received CDR of two ims and accused persons (consisting upon 85 pages) which the ATTESTED w= one Scanned with CamScanner bas Scanned with CamScanneraya ES Stale. Usa Tiare i ati Cod Sa Iba rie wtp {Lo tok into possession vile recovery memo BxlC duly signed by hinw ancl Mazhar Iybal/Conputer Operator. The LO recorded their statements u/s 16E CPC. On same day, joner DrSania and LO he alongwith LO proceeded fo the office of Assistant commissi went u/s 164 CrP pahir, The 10 also jel photocopies of the state received the atte ) of vietim Sundas 4 (comprising of five pa tex! photocopies of the statement u/s 168 CeP.C P- collected the att Asad Raza from the office of 5 (comprising, of six pages) of viel ner Anil Saved in his presence. The LO took the attested photocopies of said two statements u/s 164 CrP.C (total P-D. On 11.07.2021, LO Assistant Commis eleven pages) vide recovery memo Ex alongwith him, Asad Raza and Sundas Tabi (victims) proceesied to the site inspection on place of occurrence. The LO conducted pointation of the victims. The LO took into possession paintings/ decoration pieces hanging with the wall P-6/1-7, piece of carpet P-7, vide recovery memo Ex.P-E duly attested by him and ‘victim Asad Raza. LO recorded his statement u/s 161 Cr.P.C. On 1.072021, the accused Usman Ibrar made disclosure during interrogation that he may get recovered the mobile phone from which he made video film and mobile phone to which he transferred the video and the pistol used in the crime. The accused led the police party comprising of 1.0, Ansar 2823/HC, Ameer Hamza 7871/HC and him to his house No.739 street No.75 sector I-8/3 Islamabad. He recovered! pistol P-8 from his residential room situated in basement of said house and presented to the LO who took the same in possession vide recovery memo ExP-F duly signed by him and Ameer Hamza. The accused Usman Ibrar also got recovered two. mobile phones Iphone 12pro max (P-9) and Iphone 11 pro max (P- 10) from the same residential room and presented to the ILO and the 1.0 took them in possession vide recover memo Ex.P-G duly attested by him and Ameer Hanwa. The LO got registered separate FIR regarding, pistol, On 15.07.2021, LO prepared the voice samples of accused Usman Ibrar, Hafiz Atta-ur-Rehman, Farhan Shaheen and Adaras Butt and prepared the three USBs for the purpose of comparison and took the three USBs (USB containing audio Scanned with CamScanner Scanned with CamScartfyand USB 2containing ) pati1-3and six obscene videos sampling, USB 1 containing the obscene video the backup of the said samples and video sampling pages of written transcriptof the wores spoken in the H. 1.0 recorded his in possession vide recovery memo EX: 01 16.07.2021, he took the parce! of three statement u/s 161 CPC 1m the Moharrar Malkhana and dep accused Adaras Butt USBs and transcript fror sit the same in FIA cyber crime, On same day, the made disclosure that the amount extorted by him is lying in his situated in House No838, main service road, sector [10/4 Islamabad and he may get recovered. He led the police party int to his house, He comprising of 1.0, Bashir 109/C and him v recovered Rs.6000/- (with denomination of one note of rupees five thousand and one note of rupees one thousand) P-12/1-2 from his residential house situated in first floor of the house. The 1.0 took into possession vide recovery memo Ex.P-}. On 19.07.2021, he received the thrce mobile phones in sealed parcels from Moharrar Malkhana ybercrime. On same day, he received USBs. and deposited the same in FIA the analysis report from FIA cybercrime regarding the three On 24,07.2021, Ibrahim father of Mohib came to the 1.0 and he presented two mobile phones, iphone 7 P-13 and techno mobile PAA ‘of Mohib Khan. On same day, Rizsvan brother of Rehan Hu came to L.O and he presented one mobile phone Samsung, galaxy golden color P-18, The LO took the said mobile phones in possession. ‘On 30.07.2021, the victim Asad Raza came to Police Station and handed over the one male shirt (sweater) color dark gray P-16 and a ladies shirt multicolor P-17 and stated these clothes were worn by the him and not MstSundas Tahir on the day of occurrence, The LO took the same in possession vide recovery memo Ex.P-K, The LO recorded his statement u/s 161 Cr.P.C. On 07.09.2021, he received the mobile Samsung galaxy of accused Rehan and two mobiles , iphone-7 and tecno of accused Mohib from the Moharrar Malkhana 1. and deposit the same in FIA cyber ve Pw.2 Inayat Khan 6987/C, deposed that on 06.07.2021, he was performing, his duty as Moharrar and Tariq Zaman SI handed over to him the recovered articles from accused Usman Ibrar including original Sere Re Scanned with CamScanner Scanned with CamScannertat. Henan Tare soe Hate ed Shi anesbal ne oseyont, NIC, Radlo wrist watch ane Hlell mobile phone having, baton le keeps thon in sale custonly of Malian, On same day the LO also USI to keep in safe custody of Malkhana on 07.07.2021, the Shafat alement u/s LOL CrP. ror to hin the recover handed over to LO recone hi ‘Mahmood Inspector/ LO handed ov articles from the personal search of accuse! Adaras Butt including, mobile F to keep intact On 11.07.2021, phone vive black color having seratehes on protect in Matkhana, He keep the same intact in Malkhana. C lalmoud Inspector/LO also handed over t ce of carpet (snate) to keep in shaiqat M (0 him seven paintings/lecoration frames, one Pie in Malkhana for safe custody. On Malkhana. He keep the same 0 hirn the 12.07.2021, Shafgat Mahmood Inspector/T.O handed overt ‘mm Glock, Iphone 11 pro max, Iphone 12 pro max alec bearing seat of HA to keop in safe custody [10 safe recovered pistol and three parcels se 5,07.2021, Shafgat Mahmood Inspector; parcel of three USBs to Keep intact in wn 16,07:2021, he handed over one sealed ASI for onward of Matkhana, On 1 handed over to him one custody of Malkhana. ©) parcel coftaining three USB to Said Wall rime, On same day, Shafgat Mahmood transmission to FIA cyber 1 him Rs.6000/- (with denomination of Inspector/1.O hankled over t thousand and one note of rupees one one note of rupees five # cused Adaras Butt which he kept i thousand) recovered from ac Malkhana and were later.on identified by victim Asad Raza On 1 one parcel of USB to Tariq Zaman S11 for 19.07.2021, he handed ove wre, On same day, he handed over onward submission to PFSA Lahor the three parcels containing the mobile phones of accused Usman Ibrar which were hanced over to him on 12.07.2021, to Said Wali ASI for submission in FIA cybercrime, On 2407-2021, Shafgat Mahmood 4 \ Ingpector/L.0 hancled over to him two parcels one said to contain \ on contain two mobile phones of acct On 25.07.2021, Shafgat Mahmood nobile phone of accusedt Rehan Hussain and other said to asec! Mobb Khan to keep intact in safe custonly of Malkhana, Inspeetor/ LO han! over to mie RS100,000/-(oith domination of v 4 twenty notes of rupees five thousan!) recovered from accused Omer i bila, s.70,000/- (with domination fourteen notes of five thousand) ¥ t ATTESTED a sions (West stomabed Scanned with CamScanner Scanned with CamScannerese test a 7innna/~ (vith recovered from accused sant) recnveredd fram acentsed aynjann/- to keep intact iv Shafqat, Mahmoort domination fourteen notes of five thou Mohib Khan, total extorted amount Re. safe custody of Malkhana, On 30.07.2021, rn clothes + tos him favo parcels of Last Inspector/LO handed 04 actin safe custody ind Sundlas Tahir to keep int of vietims Asad Raza of Malkhana, On 05.10.2021, Riasat Ali/HC on direction of LO hancled! over to him six mobile phones including iphone 12 pra may, iphone 11 pro mag, Etell mobile phone of accused Usman Ihrar arid Somsung galaxy of accused Rehan Hussain Mughal, Tecro mobile and Iphone 7 recovered from accused! Mohib Khan, after receiving, these from FIA eybererime, which he kept intact in safe custody of Matkhana, All the case properties remained intact during, his custody and LO recorded his statements u/s 161 CAP.C Mazhar Hussain S151/C, deposed that on 09.07.2021 1.0 Shafyat Mehmood presented two request forms for the issuance of CDR data of two victims and 08 accused persons. On 10.07.2021, he got the prints of CDRs of Cell number of Asad Raza (victim) comprising, of sixteen pages of one Cell number P-18/1 -16 and six pages of other Coll Number P-19/1-06, Sunidas Tahir (victim) comprising, of OF | pages P-20/1-04, Cell number accused Usman Ibrar comprising 0 pages P-21/1-10, Cell number accused Farhan Shaheen comprising of 12 pages P-22/1-12, Cell number accused Hafiz Atta ur Rehman comprising of 07 pages P-25/1-07, Cell Number of Ali Ibrar comprising of 12 pages P-24/1-12, Cell number of accused Mohait Khan comprising of 05 pages P-25/106, Cell number of accused Zehrosh comprising of 04 pages P-26/1-04, Cell number of accusedt sed Rehan Hussain comprising of 01 page P-27. Cell number of a Omer Bilal comprising of 07 pages P-28/1-07. He handed over the prints to the LO Shafqat Mehmood Inspector who took into possession vide recovery memo ExP-C which bears his signatures. is statement under Section 161 Cr.P.C. 10 record, Pw4 Sajjad Afzal 44/C, deposed that he is computer aperator in Police Station Golra Sharif, On 15.07.2021, he was posted as computer Golra Sharif, on same day, LO Shatyat operator in Police St ATTESTED Scanned with CamScanner Scanned with CamScannereen o-Se pws. Ve Std tn Uae are 1 Na2/2021, Pai Sato Cole Slam abo Mahmood Inspector, gave his mobile phone containing, the voice samples of the accused personas and obscene videos and asked him {o save the same in the USis, He transferred the said voice samples and video in the computer then converted to three USBs (USB containing, voiee/audio samples, USB-1 containing the obscene video and UBS-2 containing the backup). He handed over the said {three USBs to the LO Shafagat Mahmood Inspector who made the parcel of the same. On same day, on dictation of the 1.O he typed the words spoken in the obscene video on computer and printed the written transcript (comprising of six pages) P-29/1-6 and handed it over to the LO Shafqat Mahmood Inspector. Syed Asim Ghaffar $.1, deposed that on 06.07.2021, he was posted as SHO in Police Station Golra Sharif Islamabad, on the same day, at about 02:50pm he alongwith Noor Illahi ASI, Hassam Mujtaba/C and Inayat Khan/C was present at Golra Darbar chow that a video went viral through social media twitter account which was seen by him and other accompanying police officers. We saw in the video that 5/6 persons have detained unknown girl and boy in an apartment and they were forcibly stripping of their clothes, giving life threats and were committing obscene acts with the two vietims. He received spy information that the place of occurrence seen in the video is situated at apartment No.i17, 4!" floor Magnum heights E- 11/2 Islamabad and the spy further identified four persons seen in the video namely Usman Ibrar, Hafiz Atta Rehman, Adaras Butt and Farhan Shaheen, He went toa nearby internet shop and got the video downloaded from the internet by a person namely Usman Shah who: saved the video in a USB and handed over to him. He drafted the complaint ExP-L and sent it to Police Station Golra Sharif for registration of FIR through Hassan Mujtaba 4770/C. He proceeded to the place o of occurrence. Tariq Zaman $1/LO also came to the n of FIR and he handed over the place of occurrence after regist USB to him who took in possession vide recovery memo Ex.P-M duly signed by him, On 25.07.2021, the accused Mohib Khan, Omer Bilal and Rehan alias Honey made disclosure that they used to extort money from Asad Raza victim and they kept the amount in their ATTESTED aS Adtional Sessions Judge (West slamavad Scanned with CamScanner Scanned with CamScannerPw6 tly LO Shafqat houses and they eon gt the sane recor esl I i G, Alimad Jan/C Mahmood alongwith Iikhar ASL Ameer | fanaa’ No.1BI0, ariq Zaman $.1 went te the house situated at House 1 Bilal who got and Street No.74, 10/4 Islamabad of accused Ome! recovered cash Rs, 00,000/-(with lenamination of 20 notes of fhe thousand rupees) P-3/1-20, He handled! over the said amount te the nemo ExP-N 1.0 who took the same in possession vide recovery duly signed by him, ‘Thereafter, they went to the house of accused Rehan situated at House No.210, Shamsabad, dhoke Kala Khan Rawalpindi, who got recovered cash Rs.70,0000/ (with denomination of 14 notes of five thousand rupees) P-31/1-14, He handed over the said amount to the LO who took the same in possession viele recovery memo Ex.P-P duly signed by him. Thereafter, they went to the house of accused Mohib Khan situated at House No.216-A, Shamsabad, dhoke Kala Khan Rawalpindi, who got recovered cash Rs.70,000/-(with denomination of 14 notes of five thousand rupees) P-32/1-14, He handed over the said amount to the LO who took the same in possession vice recovery memo Ex.P-Q duly signed by him, LO recorded his statements u/s 161 Cr.P.C. Rabnawaz 5669/C deposed that on 07.07.2021, he alongwith Javed Saleem/HC and Ch.Nisar/C were on the duty of patrolling in the area of E-11/D-12. Tariq Zaman 1.0 telephonically called them to the Police Station. They went to Police Station where LO Tariq Zaman received spy information that the accused of FIR No.#42/2021 was present in the first floor, Crown arcade E-11/2 Islamabad and ean be arrested. Upon said information he alongwith Tariq Zaman LO, Javed Saleem/HC and Ch.Nisar/C went to office No.4 first floor, Crown arcade E-11/2 Islamabad where the LO Tariq Zaman arrested two accused namely hafiz Atta Rehman and Farhan Shaheen. LO conducted personal search of Hafiz. Atta Rehman and recovered an Iphone white color P-33 vide recovery memo Ex.P-R duly signed by sd Farhan him. LO also conducted the personal search of, accu: Shaheen and got recovered one mobile phone OPPO black color P= 34 and took into possession vide recovery memo Ex.P-S duly signed by him, The 1.0 recorded his statement u/s 161 Cr-P.C. ATTESTED ea 1 sudge Scanned with CamScanner mee Scanned with CamScanner 1oe tal tn Usa Tae FU Na s42/2024, lel Cee Sar anal wer Noor EMlah AST deposed that on 06.07.2021, at about 09:50pm he alongwith Asim Ghaffar SHO, Inayat Khan 6987/C, Flassan Mujtaba ATTA/C was present at Golra darbar chowk for the purpose of patrolling, and search, In the meantime, a video went viral on social media twitter account which was seen by all of them in the mobile of Asim Ghaffar SHO. In the video they saw that 5-6 pe sons have confined a girl and a boy in a room and was committing obscene acts with them on pointation of weapon. The Asim Ghaffar SHO got the said vidleo transferred into a USB, On spy information, it was found that the apartment seen in the video is situated at apartment No417, Magnum Heights, sector &-11/2 Islamabad. On spy information it |was also found that the accused persons seen in the video are Usman Ibrar, Hafiz Atta-ur-Rehman, Farhan Shaheen and Adaras Butt. ‘Asim Ghaffar SHO prepared the complaint and sent it to the Police Station through Hassan Mujtaba 4770/C for registration of FIR. ‘Thereafter, they proceeded to Magnum Heights E-11/2 Islamabad ‘Tariq Zaman 1.0 also came there, Asim Ghaffar SHO handed over the USB (P-35) containing obscene video to the LO Tariq Zaman who made the parcel of the same and took the same in possession vide recovery memo Ex.P-M duly signed by him. The 1.0 recorded his statement u/s 161 Cr.P.C. LO Tariq Zaman received spy information that accused Usman Ibrar is present near Mahnoor Arcade E-11/2 Islamabad and can be arrested. On pointation of spy the LO Tariq ‘Zaman alongwith them arrested the accused Usman Ibrar. LO Tariq Zaman conducted the personal search of the accused and recovered ‘one mobile phone I+tell with buttons red color (P-36), one original 1D card of the accused (P-37), one wrist watch Raclo golden color (P-38) which were took into possession vile recover memo Ex.P-T duly signed by him, The 1.0 recorded his statement u/s 161 Cr.P.C. Pw-8 Usman Shah §/O tqbal Shah leposed that on 06.07.2021, at about shop Asad Mobile situated at Golra : 10s10pm, hie was present in bi . darbarchowk Islamabad. On same day, the SHO Asim Ghaffar came to his shop and handed over to him a mobile phone and instructed x 4 to transfer the video in a USB P-35. He transferred the video from y mobile phone to the USB and handed it over to SHO Asim Ghaffar. ¥ ATTESTED t ——— Judge a . Scanned with CamScaniner Scanned with CamScannera oment u/s 161 On 07.07.2021, LO Tariq Zaman $.L recorded his: statement u/' Crh, Pwo Aneel Saeed Assistant Commissioner, leposed that on 10.07.2021, he was posted as Sub-Divisional Magistrate in Islamabad, on same day, Additional Deputy Commissioner marked the application moved by the 10 for recording the statement u/s 164 CrP.C of victim Asad Raza to him in case FIR No.442/2021, PS Golra Sharif Islamabad. The LO Shafqal Mehmood Inspector produced Asad i statement. He allowed to him to | Raza before him for recording hi sit alone to think over it. He provided him time for about one hour to think over whether he was going to make his statement with own consent or not. After one hour he called him and put some questions to ascertain his willingness regarding his volunteer statement. He send all the irrelevant persons including police outside the court room. As per his opinion he was ready to give his volunteer statement, Being satisfied and after fulfilling the legal formalities, he j recorded his statement u/s 164 Cr.P.C Ex.P-U which is in his hand. writing and bears his signature. He read over the statement to the Asad Raza and recorded the certificate on the bottom of the statement. He recorded the statement what Asad Raza deposed before him. Copy of the application moved by the 1.0 is Ex.P-U/1. On 16.07.2021, He went to Central Jail Adyala for identification parade of accused namely Omer Bilal, Mohib Khan and Rehan ‘Aslam in case FIR No.442/2021 dated 06.07.2021, registered with Police Station Golra Sharif Islamabad. He directed the superintendent jail to arrange the identification parade of all the accused separately. First of all he conducted the proceeding of identification parade of Omer Bilal. There was one row comprising, of eight accused persons of similar features including Onter Bilal | The victims namely Asad Raza and MstSundas Tahir were in premises of the alin separate place, Hecalled Asad Raza to identify the accused Omer Bilal sitting at serial No.2 of the row. He identified rial No.2 and he disclosed his role that the accused Omer Bilal at the accused was standing at a door alongwith boy and he was attending the persons coming and going out from the flat and he ATT! fees OS a ~—~Seanned with CamScanner Scanned with CamScannerere Hn ra p20, nt the witness: Asad Raza outside the awed to open the door, He anked the community center through a separate exit, Thereafter, he accused Omer Bilal to change his position and he changed his Tahir position and 1 ealled the other witness namely Mst.Sund who entered from a separate entry. Fasked her to identify the aceitsed she identified the accused Omer Bilal while sitting at serial No.5 of the row, She disclosed the role of the accused that he was present at the door and he used to open and lose the door for the people who entered or went out the flat. Identification report P-V is in his hand writing and bears his signature. Thereafter, he conducted the proceeding of identification parade of Mohib Khan at the same place. The jail authority produced 8 accused in a row including Mohib Khan. He called Asad Raza to identify the accused Mohib Khan sitting at serial No of the row. He correctly identified the accused Mohib Khan at serial No and he disclosed his role that the accused was captured the video clips and he also tortured both the victims. When the accused tortured the victims then the other accused hold the pistol. Thereafter, he asked the witness to go outside from other passage and he called the other witness namely MstSundas Tahir and asked her to identify the accused. She correctly identified the accused Mohib Khan while sitting in serial n. She disclosed. No.3 of the row as he was earlier changed his pos the role of the accused that he captured video clips. He also tortured the victims and he touched her body parts. The identification parade test ExP-W is in his hand writing and bears my signature. Thereafter, he conducted the proceeding of identification parade of accused Rehan Aslam at the same place. The jail authority produced 8 accused in a row including Rehan Aslam, He called Asad! Raza to identify the accused Rehan Aslam sitting at serial Not of the row. 1 Aslam at serial No-t and. He correctly identified the accused Rel he disclosed his role that the accused captured the visleo clips and he also used to pay smile on the mercy of the victims, Thereafter, he asked the witness to go outside from other passage and he called the Cahir from another passage and other witness namely Mst-Sunclas asked her to identify the accused. She correctly identified the ATTESTED ional Sessions Judge ‘Wes seman Scanned with CamScanner Scanned with CamScannerteen F-B ve row as De accused Rehan Aslan while sitting, in serial Nod of the row haat vation changed! his penton, hw lvened! he rae af the rhe ilentification parade test accused that he made video lips yy signature, Fe recorded PY. Ex.P-X is ity his hand writing and bears my the certificate regarding, identification parace whieh is rw Sher Ali Khaw 7ABY/LIC clposee! that em 07.09.2021, he wa: posted if Islamabaul, an same day, as Moharrar Police Station, Golra Sh Shafgat Mehmood Inspector/LO instructed hin to hanel over three Is of mobile phones to Said Wali ASI for onward transmission pa areels of mobile: to Cybercrime FIA, He handed over the said thr phones alongwith road certificate No.587/2021 to Said Wali ASI for ‘onward transmission to cybercrime FIA. On same day, he depositeal the parcels and came to Police Station. He hanced over the road backside to him and certificate with receipt/ acknowledgment on statement u/s he placed the same with the register. LO recorded 161 CrP. Pwat Dr.Sania Hameed Assistant Comn ioner, deposed that on 10.07.2021, she was posted as Sub-Divisional Magistrate in Islamabad, on same «lay, Additional Deputy Commissioner marked! the application moved by the LO for recording the statement u/s 161 CePCC of victim MstSundas Tahir to her in case FIR No.442/2021, PS Golra Sharif Islamabad. The 1.0 Shafgat Mehmood Inspector alongwith lady constable Farhana produced MstSundas Tahir before her for recording her statement. He also produced the marked ion and police record, She perused the same. She inquired applic Mst Sundas Tahir whether she was going to give her statement with her free will and consent. She showed her willingness. She allowed! her to sit alone to think over it for about one hour, She sencl all the irrelevant persons, including police officials from the court room, ‘After one hour she called her and she put some questions to s going to give her volunteer be determine that whether she we fed she recorcled her statement u/s 164 Ce statement. Being satis after fulilling the legal formalities. After recording thestatement she endorsed the certificate at the bottom of statement. The statement u/s 164 CrP. is ExP-Z and application is ExP-2/1 which is in her ATTESTED eee Addiont eis Judge B ics Waabad Scanned with CamScanner Scanned with CamScannerret Pwas He Sia 1%. Boman tare 1270021, Ptoe Station Calon Sori armed alesnent to hand writing, and bears her signature, She read over the s the Mst.Sundas Tahir. Muhammad Riasat 534/11C, deposed that an 25.10.2021, he joined tion ye day on dir investigation with LO Shafqat Mahmood, ons me wing, Islamabad ancl received two of LO, he went 10 FIA eybe of 1, First report compris reports and six un-sealed mobile phon 09 pages regarding, the mobile phones of Usman fbrar Iphone- 2 and Hell and second report comprising of OF pages Iphone: regarding the mobile phone of Mohib Khan, Iphone and techno and Rehan Mughal Samsung, He handed over the said two reports and six mobile phones to LO who handed it over to Moharrar Malkhana- LO recorded his statement u/s 161 CrP.C. Masood Ali Deputy Director/ Incharge forensics, deposed that on 16.07.2021, reference letter with subject request for audio and video analysis/comparison was received in FIA submitted by Said Wali ing three USBs with the seal of ASTalongwith a sealed parcel conta HA and Urdu transcript of video clips. Upon the said request he conducted the forensic analysis and prepared the audio and video forensic analysis report V.1.0 ExP-AA (comprising of 18 pages back to back) duly prepared and signed by him and covering letter is ExP-AB, During the forensic analysis it was found that metadata showed no software or tool was used or identified in the submitted four video files that perform video editing or tampering, It was also identified during frame analysis of the video clips that there is no edition or deletion in the videos. He also conducted the spectrogram analysis of audio in the video clips and he could not identify any abrupt changes in the pitch which proves the genuinity of audios of these video files. In the video file Le. video 02.mp4 and vieleo OLmp4. However the video OL.mp4 and vidleo 03.mp4 contain a brake/ pause at 0.51 seconds and 042 seconds respectively, Thereafter, he d sand found the of the audios of accus aly conducted the voice authenticati received in USB-2 with the audios of the video fil audio file of Usman Mirza was matched with the audios in the video fi and which depicts a strong evidence and gave the verbal scale in the video files were of sed pel 0f 3.22. The audios of other ace ATTESTED fa additional Sessions Judas des tsar Scanned with CamScanner Scanned with CamScannerscause of short Ih anid the analysis coud not be done beralse fs Tength of audios. On 19.07.2021, a reference letler with subject of request for forensic analysis and retrieval oF dala regarding, three mobile phones i Hell, Iphone 11 pro max and Iphone 12 pro max was received at FIA Cybercrime wing, brought by Said Wali ASL said three mobiles alongwith seated parcel containing, the above sealed with stamp of HA, Upon the saic! request he constucted the forensic analysis of said three mobiles and prepared the forensic report ExP-AC (comprising of 09 pages). During the forensic analysis it was found that Iphone 12 pro max was found reset further it was iclentified to be at configuration stage which depicts that phone was not used after it was reset last time. Iphone 11 pro max was found to be not configured with any icloud account or email to extract the data from the cloud and it is recommended to provicle icould ID previously configured on this mobile and SIM card registered on this mobile. The mobile phone [-tell was found password protected and the protection could not be exploited without risk of loss of data. On 07.09.2021, another reference letter with subject of forensic analysis and retrieval of data of three mobile phones ie. Samsung galaxy golden, -phone 7 and Techno blue color alongwith the sealed parcel of said mobiles scaled with stamp of HA containing said three mobiles brought by Said Wali ASI. were | received im FIA cybercrime wing, Upon the request he conducted forensic analysis of said three mobiles ancl prepared forensic report | which is Ex.P-AD (comprising of 07 pages). During forensic analysis, of Techno mobile, certain images reflecting a function in (wine party) were extracted however the scoped videos were not found, Durin forensic analysis of Samsung mobile phone showed an error in booting process with message (set warranty bit kernel error). Iphone (A161) could not be processed! due to battery and display ‘Ances-ur-Rehman, Technical Assistant, Cybercrime Wing FIA, Pwd 1 of SSP Islamabad, deposed that a letter No.1676/C lated 14.07.21 Investigation of Islamabad for the trend analysis of the viral videos in the present case was received at FLA which was marked to him on is report 17.07.2021. On 28.07.2021, he prepared the Technical analy ATTESTED deliional See ist) iebsmaed Scanned with CamScanner Scanned with CamScannereae pws the Ste. Usa ur le ir ton Cote us (amd rasp AB/1-326 andl fetter is: Ex report two trends V-LO comprising of 326 page AWYII7, Aw per Technical analysis “™UsmanMirza” andl “WArrestUsmanMirza” © on 10.07.2021 with 721 original at viral on twitter AUsmanMirza started on 05:08pm, ihvevts and this trend was shared by 487 accounts. As per teclinical analysis report, #ArrestUsmanMirza, started on 05:1Ipm, on 10.07.2021 with 533 original tweets and this (rend was shared by 558 The trends were watched and shared more than 100,000 he agency has the capability to extract only fas started on (100k) seven days old trends and as the trend analysis w previous 17.07.2021 that is why he was able to retrieve the technical trencl analysis data from 10.07.2021. S.1, deposed that on 06.07.2021, he was posted as ation Golra Sharif and was about 10:30pm, Hassan afted by Syed Asim ‘Tariq Zaman S1/Incharge Investigation in Police St present at Police Station. On same day, at 770/C brought complaint ExP-L dr Mujtaba 4 Ghaffar $1/SHO, upon which he chalked out FIR Ex.P-1/1 of tl xd to Magnum heights E lahi ASI and case. After registration of FIR, he proceedet 11/2 Islamabad, where Asim Ghafar S1/SHO, Noor king. Asim Ghaffar Inayat han 6987/HC were present in the Ps 5.1/SHO handed over to him a USB (P-38) said to contain obscene ade the parcel of the same sealed with stamp of HA. video and In y memo Ex.P-M He took the said parcel into possession vide recove Asim Ghaffar $1/SHO and Noor Ellahi ASI. He duly signed by ts u/s 161 Cr.P.C of Asim Ghaffar $.1/SHO recorded the stateme and Noor Ellahi ASI. He conducted spot inspection on pointation of J plan Ex.P-AH of 4 floor Magnum ‘Asim Ghaffar $.1/SI1O and prepared un-scaled sit the place of occurrence iv. apartment Nol7, £-11/2 Islamabad, from outside as the apartment was wed namely hts, cet Closed, 'le received spy information that the prime Usman Ibrar is present near Mahnoor Arcade E-11/2 and can be arrested, Upon said information, he proceeded to Mahnoor Arcade jon of the spy informer, he alongwith other E-11/2 where on poit police officials arrested the said person who disclosed his name as Usman Ibrar S/O Muhammad Ibrar, He joined him into ATTESTED rd Additional Sessions Judge , Scanned with CamScanner (Wiest stamabag Scanned with CamScannersonal ted the poner ceteal him, [le-condel ie fell red wally tr ; mobile investigation ant Lreeovered ane ™ julden seareh at accused Usinan | sun Racker wera He color (P-X9), original CNIC carl (2°92) amped with HA phone: recovery me 6gn7/1IC. He color (P38) andl made the pare! of mabile ene Fx = and took the said articles inte posses T duly singed by Noor Ellahi ASH and Inayet Ki 1 CAPE of Noor Bllahi AST and ather police recorded the statements 1/8 16 andl Inayat Khan 6987/1IC, He alonpywith accused! olficials came back to Police Station where he locke property to Moharrar ved spy edt up the accused! in police lockup and handed over the ease Malkhana, On 07.07.2021, at about 05:00am, he rece information that two nominated accused of this case were present inside Crown Arcade, Sector E-11/2 and can be arrested. Upon sail information, he summoned Muhammad Javed 6235/HC, Rabnawaz 5669/C and Nisar Safdar 2496/C to Police Station. He alongwith the above said constables proceeded to Office No.34, first floor, Crown ‘Arcade E-11/2 Islamabad from where he arrested the accused Farhan Shaheen and Hafiz, Atta-ur-Rehman and joined them into investigation. He conducted the personal search of accused Farhan Shaheen and recovered OPPO mobile phone black-blue color (P-34) which he took into possession vide recovery memo Ex.P-S duly signed by Rabnawaz 5669/C and Nisar Safdar 2196/C. He also conducted the personal search of accused Hafiz, Atta-ur-Rehman and recovered Iphone white color (P-33) and took the same into possession vide recovery memo Ex.P-R duly signed by Rabnawaz 3669/C and Nisar Safdar 2496/C. He recorcled the statements 1/s 461 CrP.C of Rabnawaz 5669/C and Nisar Safdar 2496/C. He alongwith accused and accompanying police officers came back to Police Station where he locked up the accused persons in police lockup and handed over the ease property to Moharrat Malkhan wed namely (On same day at about 11:00pm, he produced three ace than Shaheen before the Usman Ibrar, Hafiz, Ata-ur-Rehman and Fi earned Area Magistrate and got physical remand of 2/2 days of all the accused. He came back to Police Station and locked up the accused in police lockup. He alongwith Inayat Khan/C went to Asad ATTESTED : “. Scanned with CamScanner ‘Scanned with CamScannerneon -o-se De states. Ua Ta ete eo A1272MN1 Pate a es San Mb Mobile Shop Golra Darbar chowk where he recorded the statement u/s Hol Cel C of Usman Shah $/0 Iqbal Shah who bad transferred ter, the investigation of the obscene video in the USH (P35), The this case was transferred to Shafqat Mahmood fnspeetor, On 221, h ion with LO Shafyat Mahrnood nimad Saeed ASI, 107 joined investipy Inspector and an sane lay, he alongwith Mu Hakiny ASL, Mubashar 3H66/C, Tahir Khan 3266/C, Umair Saleem aly 175/C took the accused namely Muhammad A821/G, Jafar Usman Ubrar, Hafiz Atta-ur-Rehm Farhan Shaheen andl Mobib Khan on prison van No.GAC-695 and n, Muhammad Adaras Butt, oificial vehicle No.GAC-681 alongiwith parcel of USB (P-35) stamped with IIA to PFSA Lahore vide road certificate No.#37/21 for the photogrammetry test of the above said accused persons. The USB (P- s duly submitted in PFSA Lahore by him. The is was conducted at PFSA 35) w. photogrammetry test of the accused! person: Lahore. Thereafter, they brought back the accused persons to the Police Station. He handed over the receiving on road certificate to Mobarrar Malkhana. 1.0 Shafgat Mahmood Inspector recorded my statement u/s 161 Ce.P.C. On 25.07.2021, at about 05:30pm, accused Ome? Bilal, Rehan Hussain and Mohib Khan made disclosures during investigation in his presence that they could get recovered the amount of extortion from their respective houses which Omer Bilal took from victim Asad Raza on asking of accused Usman Ibrar and distributed among the other accused. Upon the said disclosure, he alongwith Asim Ghaffar S1/SHO, Iftikhar ASI, Ameer Hamza’ 7871/HC, Ahmad Jan 643/HC, Ibrar Hussain ASI and Shafqat Mahmood Inspector boarded the said accused persons on official vehicles Nos GAH-631 APC and GAH-625 pickup and took them to x Omer Bilal At about 07:25pm, the accus 4, Sector -10/4 their respective hous Jed the police party to House No.1840, street No. Islamabad, where the accused got recovered PKR.100,000/~ cash (with denomination of 20 notes of five thousand! rupees) P-30/1-20 from wooden almirah inside the room situated at first Moor of the house and banded it over to Shafyat Mahmood! Inspector in his presence. Inspector Shafgat Mahmood took the said cash in ATTESTED —— ns Judge ith C anne sy Scanned with C amScanner Scanned with CamScannereee Cage pws smn EXPN. duly signed! by him and possession vide: recovery nn seul Rehan [uessain Asim Ghatar $1/SHO, AL about 09.05pm, acct todd thems to House NoSN-210, Gali No.2, Shanesabal Rawalpindi sol and got recovered PKR.70,000/- (with denomination of FE nite ) PAI/ 1-14 from wooden Almiral inside the five thousand rape room at ground floor of the heuse and handed it over to Shafyat Mahmood Inspector/LO which he took into possession vide recovery memo EX.P-P duly signed by him and Asin: Ghaffar S1/SHO, At about 09:50pm, accused Mohib Khan led them to I Louse NoSN-216A, Shamsabod Rawalpindi and got recoveret! PKR70,000/- (with denomination of 14 notes of five thousand rupees) P-32/1-14 from pillow cover on the bed inside the room at the ground floor of the house and handled it over to Shafqat Mahmood Inspector/LO which he took into possession viele ed by him and Asim Ghaffar recovery memo Ex.P-Q duly s S./SHO. Shafqat Mahmood Inspector recorctedt my statement u/s 161 Cr-P.C. On 30.07.2021, victim Asad Raza came to Police Station and handed over male shirt/sweater of dark gray color (P-16) and lady shirt multicolor (P-17) to the I.O and said that these clothes were worn by Asad Raza and MstSundas Tahir at the time of occurrence 10 Shafqat Mahmood Inspector took the saicl clothes in possession vide recovery memo Ex.P-K duly singed by him and Saict Wali ASL LO recorded his statement u/s 161 Cr.P.C. m, deposed that the accused ‘Mst.Sundas Tahir W/O Asad Raza v present appearing before the court and nowrinated in the FIR ate ot her accused, They are not same people who allegedly molested her and the persons who were shown in the video are nt the sume allegedly had performed this abstominal act. She dit ot person who ib in the court because they want to depose against the accused pr ern whatsoever with the alleged offence, Any role have no co weal to the present accused has not be had also not nominated any u/s tol tirmedt by: them with, her and they have not participated. made any statement before the pol accused nor she She has not recorded course of ay statement dur She submitted affidavit E.P-A). Cree. investigation before the Mogistea Scanned with CamScanner ‘Scanned with CamScannerwetene-g pwaz Pwas Hana saree Me se on shal 1 aoe ta tant ned ADP and tearnedt DAV-ts was declared as hostile and fe loons counsel erossesannined her 1 Raza vietim, deposed that the accused ce in te PURE are nat his Asad Raza S/O 8, appearing, betore the court and 1 govusedl They are not sane people who allegedly nominated ane the persons ashe avere shown in the vided are not the sare person whe son, He did not want to court as accused pe ant in the court because they have jnyst the accused preset present belo offence. Any role aseribedt no concer whatsoever will the alleges! to the present accuses! has not been affinved by them with flim and asalso not el occurrence, He they have not participated in the alleys statement before the police nominated any accused! nor he made any, u/s 161 CrP.C, nor he has assigned any role whatsoever. He has not reconted any statement during course of investigation before the Magistrate. He submitted my affidavit ADDP and learned defense PAK, PW-I7 was declared as hostile and the learned counsel cross-examined him. ‘Shafqat Mahmood Inspector, cloposed that on 07.07.2021, he was posted as Inchange Investigation, Sadar circle Islamabad, On the same day, the investigation of the case was handel over to him vide order of SSP Investigation Islamabad. He perused! the record of the section 341 P.P.C with section 342 P.P.C, At case. He substituted the ted in the case amongst that time, four accuseul persons were nomi whieh three were in police custody. On the same day, he received Esl markaz, spy information that accused Adaras Butt is presen alongwith Said Wali ASI and Ameer Hanva whereupon he xl arrested the accused on the 7B71/HIC went to pointation of spy. He joined the accused conducted his 1 and took the same in stigation and [into inv s personal search and formally arrested him. He recovered mobile vivo black color P- mo Ex.P-A duly signed by Sail Wali possession vide recovery statements u/s ‘ASI and Ameer Hanwa 7871/HC. He recorded th 161 CeP-C. He confined the aceused lock up of Police Station Golra Sharif anu handed over the case property to Moharear Malkhana, He recorded the statement of Moharrar Malkhana u/s 161 CrC, On ATTESTED pT Additional Sessions Judge (Wes) Islamabad Scanned with Cam: canner Scanned with CamScanneree See we station and hie joined O21, the vietinn Asad Raza came to Palie rtoment u/s Lol CLC ion ancl recorded his & Bult before learned Aree hin into investiy Me produced the avensed Adaras Magistrate and got physical remand of four days. He interrogated cexl regarding the the wensedd persons in custody anc they diseler invalvement of ther accused persons namely Ali thrar, Zahrosh Awir, an Hussain Muphal, Bilal Khan and Mohib Khan and alse told their mobile numbers. On the same day, he recorded the statement of vietim Sundas Tahir in Police Station Women in the presence of SHO PS Women, On 09.07.2021, he produced the aceused Usman Ibrar, Hafiz, Atta-ur-Rehman and Farhan Shaheen before learned Area Magistrate and got physical remand of four yet to days. He also received the warrants of arrest of other accuse be arrested. He moved request to obtain the CDR data of all the accused persons and the victims from SP office. On the same day, he arrested the accused Omer Bilal from his house No.1840, Street No.7A, Sector 1-10/1 Islamabad. He joined him into investigation closed that another accused person namely upon which, he Faheem Ullah is also involved in the occurrence. He conducted his personal search and recovered mobile phone realme P-2 blue color and original CNIC P-3 from his possession and took the same into possession vide recovery memo Ex.P-B duly signed by Said Wali AS! and Ameer Hamza 7871/HC. He recorded the statements u/s 161 Cr.P.C of witnesses, He confined the accused in police lock up ant handed over the case property to Moharrar Malkhana. He recorded the statement u/s 161 Cr.P.C of Mohaerar Malkhana. On 10.07.2021, | he produced the accused Omer Bilal in muffled face before the ‘Area Magistrate. and got his judicial remand for ala Jail, On the same Jearned identification parade and dispatched! him to Ady; day, he alongwith Sail Wali AST went to the SP office an collected CDR data of all the accused persons and the vietims which He took y-signeat by Sail into possession vide recovery momo EXP-C dul Wali AST and Mazhar/C (computer operator). Te record the af witnesses. He moved application for statements u/s 161 CrP.C recordings of statements u/s 161 Cr.P.C. of vietims before learned ATTESTED nd Additional Sessions Judge Scanned with CamScanner Weethsiamahad ~ Scanned with CamScannerAenea isn Tn ete Th Stale 0 i Saif saab 1 Not42/2001, Pov Staton u/s 164 CrPC ADEG who marked the app! Saeed AC and the of vietim: Asad Roza was recorded by Aneel recorded by statement u/s 161 CrP.C of victin Sundas Tahir Desiniia Hameed A.C, He received theatlested copies of staternents ne into wok the ».5) of both the victims and to xl by Said Wali u/s lo CrP (I possession vide recovery memo Ex P-D daly siti sent u/s 161 Cr.P.C of the witness. In the 1 CrP.C of victims, he acted sections spot inspection ASI He recorled the state view of statements u/s 164 384/ 114/295 P.P.C. On 11.07.2021, he conclucted the victims and prepared un-scaled site plan os P-6/1-7 and piece of on pointation of the AL. He took the paintings/ decoration p carpet P-7 which are seen in the videos, from the said apartment into 1 ExP-E duly signed by Asad recovery mem recorded the statements u/s possession vide Raza/vietim and Said Wali ASI. He also 161 CrP.C of victim Asad Raza and Said Wali ASI. He handed over xty to Moharrar Malkhana a P.C. On the same day, he the case propel tthe Police Station and 10 recorded his statement u/s 161 Cr. ‘accused Mohib Khan is present in E- Said Wali ASI and Ameer accused Mohib alls received spy information that 11 markaz upon which he alongwith 7871/HIC went to E-11 markaz and arrested nthe pointation of spy. On 12.07.2021, during man Ibyar disclosed that he could get rec and his mobile phones throug! videos were made disclosure, he {0 took the two parcels into posses: AR duly signed by him and Ameer Hamza 7871/HC. 10 recorded his statement under section 161 C.P.C. PW.21 Sajjad Afzal 44/C Computer Operator, deposed that on 19-01-2022, he wos posted as Computer at Police Station Golra Sharif, Islamabad, On the same day, he joined the investigation with 10 Shafgat Mehmood! Inspector. 10 Shafqat Mehmood Inspector gave hin his ATTESTED ——— seta Scanned with CamSranna« Scanned with CamScannerio/ voice sample the audio/ voice SP phone into the USB (I- of accused Mohib mobile phone and a USB and asker lo save of accused Mohil Khan present in his mobile 39). He converted /saved the audia/ voice sample 5 shmoot Khon into the sail USI ancl handed! it aver to TO Shafgat Mefme Inspector. 10 recorded his statement under section 161 CrP.C- vw.22 Kashif Nayat 4161/116, deposed that on 2610-2021, he was posted a8 Moharrar at Police Station Golra Sharif, fslamabad. 10 handed i over to hint a scaled sample parcel containing USB (P-35) after receiving, the same from PFSA Lahore which he kept intact in Malkhana. 10 recorded his statement under section 161 Cr.P.C. On. 19-01-2022, he handed over one sealed parcel (P-11/1-3) containing, three USBs to IO Shafgat Mchmool after taking it out from Malkhana. On the same day, 10 Shafqat Mehmood hanced over to him two scaled parcels one containing one USB (P-39) and other containing three USBs (P-11/1-3) which he kept intact in Malkhana 10 recorded his statement under section 161 Cr.P.C. On 20-01-2022, he handed over the two sealed parcels to Inspector Shafgat Mehmood vide road certificate No.60/2022 for onward transmission to Cyber Crime Wing FIA. IO deposited the said parcels in Cyber Crime Wing FIA and handed over the receiving on the road certificate to him and he made entry in the record. IO recorded his statement under section 161 Cr.P.C. On 21-01-2022, 1O received the two said parcels from Cyber Crime Wing FIA and handed over to him which he kept intact in Malkhana. 10 recorded his statement under section 161 Cr.P.C. The parcels remained intact during his custody. 4. ‘The prosecution gave up PW Nisar Safdar 242496/C, Bashir Ahmed 109/C and Ameer Hamza 7871/HC on 28.10.2021 and the PWs Atta ur Rehman SSP Investigation, Farooq Amjad Butter SP, Amna Baig ASP, Noshewan SP, Rasheed Ahmed SHO, Ansar Mehmood being unnecessary on 03.03.2022 and closed the prosecution evidence by tendering the report of PFSA as Ex.P-AS. After closure of prosecution evidence the accused! made their statements u/s M2.CrP.C ‘on 10.03.2022 and 11.03.2022, ATTESTED Scanned with CamScanner Scanned with CamScanner anmex case The Ste tox sna Taree 11K Nostt472021, Poe Station Gaba Shan sanatnd In reply to the question why the PWs deposed against lim then th aveused! Usman thrar replied as under “L have been saddled in the instant ease on the instigation of one Sheikh Qayyum ul Din, who owed a sun of Rs.200,000,00/- (Rupees twenty million) © his liability issued certain cheques in my favor T consequently a crime case / FIR tome and in order to dischar which were subsequently dishonored No.6/2021, Dated 30.44.2021, offence U/s 489-F PPC, PS. Industrial Area, 1.9, Islamabatl andl the said Qayyum ud Din was arrested by the police of PS. 1.9 and during the petition under Section 497 Cr.2.C. filed on 02.07.2021, the saiel Qayyunt tel Din categorically raised a ground No.t that he has no concern Achatsoover with the alleged offence, neither he made any video nor viral the sane in any manner, hence, is entitled for grant of bail. The prosecution while joining harals with saiel Qayyum wl Din, initiated a campaign against me just for the reasons to desist me from claiming or demanding his legitimate huge aid person, It may also be submitted here that since from been established that the amount back from the very inception of the case / FIR it ha complainant of the ease on the basis of his own information and video seen on iis mobile phone initiated the proceedings and later on the said one video clip ted into number of ather video clips, moreover, the reports + the law, the basic was further conve ot obtained as envisaged or mandated unde: ‘ase ie. the use of LP. Addresses, the user, editor, maker andl uploader of the said alleged video forming, basis of the case against me «l others is completely missing rather silent. Apart from CDRs nothing has been shown against me, and the sad CDRs too are fabricated documents, as the scriber of the said CDRs or authorized representative of the said cellular h report was got prepared and obviously no right of cross examination was given to me. Moreover, the IME number on alleged CDRS is entirely different and not matching with the mobile phones allegedly recovered from me, making the entire case against me a false, frivolous, baseless and vexatious exercise having been it on the instigation of Sheikh Qayyum son of Sheikh Mulammad just to deprive me from my Iogitimate amount. The prosecution witnesses white joining hands with the said Sheikh Qayyum tried to vietimize me and have in fact ruined my entire family life, the right of prestige, honor and the dignity has been ruthlessly violated and [ have been made to suffer colossal losses at the hands of saic persons. Needless to mention that malafide of saicl Sheikh Qayyum is Conspicuously apparent from another fact that while filing his own bail application he malafidely, dishonesty, intentionally and purposely dist not mention the correct name and address of the complainant of case / FIR No346/2021 who is the present accused submitted this statement before this Honorable Court and the narration about video clip in a case registered U/s |489-F PPC that too prior toany such complaint or the registration of tiled case, speaks volumes loudt itself In reply’ to the question that why were ingredient of such ae company from whom such this case against him and why the the accused! Mobib Khan replied as under: PWws deposed against hi 1 have been falsely implicated due to the reason that Lam a close rela of Usman Ibrar and during, investigation after three or four days of registration of ghe case, [was nominated anc! arrestes! on the statement of ATTESTED em ‘divona Sessions Judy ge Scanned with CamScanner (West Islamabad Scanned with CamScannerttre ese! vans nt te tuning, plistogranamne' ead in the FIR, Leave «Ly the PEA, Lahore iy reply toy the question that why tl st finn anne shay the we agai Farhan Shaheen Awan replive as under Ts Lagainat hin, Ihe acct J afficialy of their 1 police department and tak Fieieney: bwfane: the high ups oped all the ihe olfiviats rio independent avitienses is aor tated 1 the instant eases om the joni ur Rehman who rented out the flat where the police shows the abows saidl so-called occurr “To show fo “whe only involved itt ecuswel Hafiz Ata rien of eo yyaint him and why the In reply to the question that why this ea PWs deposed ayainst him, the accused Muhammad Adaras Qayoum Butt replied “The police has registered the case against me on malafide basis. The alleged victims of the instant case have denied any such occurrence or commission of any offence levelled against me, The whole prasectttion ea is concocted story having no factual basis. The transcripts of the video clearly indicates that Lam not involved in the alleged occurrence in any manner whatsoever. The police have involved! and dragged me in the stant case to be in the good books of the highups. The prosecution was miscrably failed to prove my involvement in the instant case. | have been dragged into the instant case due to my affiliation with some of the accused! persons of the instant case despite the fact § was not involved in the occurrence.” In reply to the question that why this case against him and why the PWs deposed against him, the accused Hafiz Atta-ur-Rehman replied as under: “Police has only tagged me showing their efficiency and no PWs deposed against me.” In reply to the question that why this case against him and why the PWs deposed against him, the accused Rehan Hussain Mughal replied as under: y créme taxi to earn my “1 have spare part shops and part time runn livelihood. 1 often provide pick and drop services to different peoples including neighborer and | was victimized due to moving of pre-actest bail and appearance before 1O. Most of the PWs ate sub ordinate to the LO. whe deposed me on behest of the police in order to strengthen the ease In reply to the question that why this ease against hin and why the PWs deposed against him, the accused Omer Bilal Khan replied as under: “{ have been implicated in the case because younger brother of a Usinan Mirza is my course mate at Shifa International University: in DPT Department, Islamabad, For such reason, 1 was.madle a seape goat. Cam a ATTESTED Auditions Sessions Judge West slamavad : Scanned with CamScanner Scanned with CamScannerTe State. Us lina ete 12/2021, Pave Stain Gab Sari saad stile of 3! semester and 1 Tami inorent and a vietim of patie { for any offence before. 6, The accused Farhan Shaheen, Hafiz, Ata-tr-Relinan, Muhammad Adacis Butt and Omer Bilal neither produced their defense evidence nor they made theirstatemeints u/s310 CrP.C, Theaccused Rehan Hussain submitted copy fof PLS No.393/2021, PS Ternol as Ex.D-C, bail petition as Ex.D-D, bail granting, D4 onder as Ex.1-1, copy of surety bond as Ex.D-F and surety amount deposit slip as ion FIR Tx.D-G. The accused Usman Ibrar submitted attested copy of bail peti x.D-H, attested copy of order sheet and order dated No316/2021, PS 1-9 as 21 as Ex.D-] and copy of FIR No346/2021 as Ex.D-K in their defense d 10.07. evidence. During course of cross-examination of PWs the defense side confrontet copies of register No.19 as Ex:D-A/PW-2, Ex.D-B/PW-2, copy of minutes of meeting dated 15.07.2021 as Ex.D-A/PW-16, copy of letters as Ex.D-B/PW-18, Ex.D.C/PW-18 and application dated 08.07.2021 Ex.D-D/PW-18. 7. Mr.ikhlaq Ahmad Awan the learned counsel for the accused Farhan Shaheen argued that there is no evidence available on the record against the accused Farhan Shaheen. Only the name of the accused Farhan Shaheen has been mentioned in the FIR and report u/s 173 CrP.C but, the victims have not nominated him in their statements u/s 161 and 164 Cr.P.C. The accused was going to his house at Rawalpindi. The accused Atta ur Rehman made phone call to him whereupon the accused Farhan Shaheen came back to E-11 to disburse and settle the matter. As per transcript no word has been uttered by the accused. Statements u/s 161 CrP.C has no value in eye of law as the accused was not granted opportunity to cross examine the alleged vietims. There is no evidence against the n of common object arises. accused for making, conspiracy, therefore, no que: All the story and proceeding were cooked and completed while sitting ina room. “Therefore, accused be acquitted. ATTESTED Scanned with CamScannn- Scanned with CamScanner. argued tat 8 Mr. Sher Afzal Khan atvoeate forthe accused One Bilal syne Uo aerused ll ot comunity offen, Has boo eet lv this case a 0% course mate ed seen course mate of Abi Ibrar the brother ofthe accused Usman, The accused is note amount in the video clips. The prosceution has failed to establish the extortion of against the accused Omer Bilal, During, identification parade the role of the accused Onwer Bilal has been brought on record first time, but the identification parade is not in accordance with law. Nothing was recovered from the mobile phone of the accused, Even as per CDR the accused was present in his house. The police entered in his house without search warrant. The PW-I & PW-5 have narrated the wrong address of house of accused. No currency notes were recovered from the house of accused Omer Bilal. The recovery of amount is planted. He further argued when the victims PW-16 and PW-17 resiled from their statements then he changed his defense version and stood on prosecution side because the victims have falsely dragged the accused Omer Bilal in this case. Therefore, accused be acquitted. 9. Mr.Asif Mukhtar Butt advocate for the accused Rehan Hussain argued that the accused is not nominated in FIR and no role has been attributed to him. He is not visible in the video. Even his voice is not found in the video. He has been involved on the basis of the disclosure of the co-accused which has no value in the eyes of the law. Before holding identification parade, he was shown to the victims and the victims PW-16 & PW-17 have confirmed this fact during, cross- ‘examination. The accused was prociuced before the court without Muffled face at remand stage. There isa lot of contradiction in the prosecution evidence regarding, the accommodation of the house of accused, According to CDR he was not at the place of occurrence. 10. Mr. Shafgat Khan Abbasi and Rai Muratib Ali advocates on behalf of the accused Hafiz Atta-ur-Rehman argued that the case is of no direct evidence, ATTESTED Scanned with CamScanner. ; Sessions Judge J i ‘Scanned with CamScanner esi slaStale. Usman Bar FUR Nand12/2024, Pte Statin Ca Shai banal The prosecution has failed to produce strong evidence to prove is case. ‘The vietinys have resiled from their statements, they did not implicate the accused Atta ur Rehman, ‘The first version of the accused is most important, ‘The accused ns andl he went away, ‘Thereafter, he handed over the keys of the flat to the was called at the spot at 02:00 a.m and resultantly he went there because he has is no role of the accused in handled over the keys of the flat to Asad Raza, Ther the video elips and transcript. He attempted to intervene the matter, but, he did rot extort any amount as alleged by the prosecution. The role of the present .on intention accused is quite different from others, There is no evidence of comm against the accused. The prosecution has failed to mention the source of nomination of accused in the FIR, The FIR was lodged with sufficient delay. The offence u/s 354 ~A P.P.C is not made out as the offence took place in a room: n. Mr, Adil Aziz Qazi advocate for the accused Adaras Qayyum Butt argued that offence u/s 354-A P-P.C is not made out as the alleged victim was not exposed to public view. The victim themselves went to the flat with their own consent and they were not confined in the flat, therefore, offence u/s 32 PP.Cis ot attracted. Notte of the accused raped the victim Mst, Sundas, the offence u/s 375-A PPC is also not made out. The CDR was not collected from the company, therefore it has no evidentiary value. There isno voice sample of, accused Adaras rhe accused was not called matched. Mode of identification parade is not correct. 7 for eross-examnination atthe time of statement u/s 164 CrP. therefore, I has no Lv atue, The forensics of the video clips has not been conducted acconting to the international standard, therefore, could not be produced in the evidence. The accused be acquitted by giving benefit of doubt, xd Usman Ibrar 12. Malik Javed Iqbal the learned counsel for the ace ane! Mohib Khan argued thatthe prosecution has filet to prowe HS case against ATTESTED a Aaditions! Sessions Judge (ivest Islamabad ee eons Scanned with CamScannersheen involved in this case by the pafice the avcused, ‘The accused Usman Ibrar hy On instigation of one Sheikh Qayyum Din who borrowed amount fram the ced got lodged the FIR accused, He issued cheque to the accused and the accu e said No.M6/2021 u/s A89-F P.P.C with Police Station Industrial Area against | vance with the said Sheikh Qayyum Din, The video has been prepared in conn Qayyum, One Mst.Nadia has managed the video clip, but thy LO has not made horas accused in this ease with connivance of said Qayyum Din. The said Qayyum Din is the beneficiary of the video clips in question as he has obtained the bai in the aforesaid FIR registered against him, No video was viral, otherwise the FIA would have taken cognizance. No proof of ownership of place of alleged occurrence has been produced. The complainant has not mentioned in the complaint Ex.P-L that he got downloaded the video from the shop of Usman Shah PWS. P-25 which was played in the court, showed that the video clips available in said USB were modified on 07.07.2021 and 10.07.2021 which makes the case doubtful. Charge against the accused u/s 354-A P-P.C is against the law as no witness appeared before the 1.0 to prove that the victim was exposed tothe public. There is contradiction regarding the IMEI number mentioned in CDR as well as recovery memo of mobile phone. According to the CDR the location of Usman Ibrar was not at the place of occurrence. The CDR was not collected from any company. There are contradictions in statement of PW-9 and PW-18 regarding the time of recording the statements u/s 164 Cr.P.C. PW-11 has admitted his mistake that he did not provide opportunity to the accused for eross-examination, There X} are contradiction regarling the date of tanser of vide clips in USBs (P-11/13). ( Similarly there is contradiction regarding time mentioned in report EXP-AA andl narrated by PW-13 and PW-14, All the proceedings were caeried out in the police file intention obtained the voice sample of Mobib Khan station, The LO with ma during trial proceedings without permission of trial couet ani obtained the report i" terres ATTESTED i ‘Scanned with CamScanner :-. "Scanned with CamScannerHe sta os Han Tate 1 aldo‘ Blea a TOT san well a ineffieieney of fom HHA immediately This aspect shows the ma LOO AM the statements of Ws created doubly and dents in provecution story, Vheretore, accused be acquitted an the basiv af doubt lied upon 2012 SCMR 215, 2019 SCM 956, 2020) Vw deren si SMB, PLD 2019.80 675, 1991 SCME S51, PLD 2013 FSC 42, 2010 SCM 1604, NOP. (Note) Ad, PLD 2010.5 610, 2011 YLR 529, 2016 P.Cr.LJ (Note) 119, JWOISCME 1983, PLD 2021 SC 302, RB, Mrtassan Abbas the learned ADDP argued that in FIR the fically mentioned the making of obscene video as well complainant PW-5 has spe as location of place of occurrence. The video clips in question have no concern whatsoever with the FIR lodged against other person namely Qayyum u/s 489-F amination PW-16 and PW-17 were confronted with the PPC. During, cross video clips and they have not denied the video clips. The victims have specifically identified the accused with their features and dresses worn by them at the time of occurrence as shown in the video clips. The statements u/s 164 Cr.P.C were recorded before the learned Magistrate and presumption of truth is attached to the said proceedings U/A 91 of Qanoon-e-Shahadat 1984. The accused Omer Bilal collected the extorted amount and disbursed amongst the other accused on direction of accused Usman Ibrar. Accused Mohib Khan is wearing golden vest clear in the obscene coat in the video clips, ‘The faces of all the accused are ¥ tation the currency notes were mixed Up Ky video. Due to renovation of the poli and due to this reason the currency notes were not matched with the recovery’ he USB P-35 ws memos. This aspect dues not vitiate the recovery proceedings sent to PESA Lahore and forensic has been conducted, similarly USBS P-11/1-3 v 4 ‘ were sent to FIA for their forensic. The prosecution has proved its ease beyond any’ ATTESTED OO “Additonal Sesstons Judge ‘West) Islamabad Y f Scanned with CamScanner«tence inspiring, evidence, shadlowe of doubt aginst al he accused through evnflenee inspiring °°" Uherefore all the accused! be awarded maximum sentence. Arguments heard, record perused. Mu, According to the evidence available on record, the police took action when the complainant Syed Asim Ghaffar SI (PW-5) alongwith Inayat Khan LHC (PW-2), Noor Elahi_ ASE (PW-7) and Hassan Mujtaba/C was on patrolling and checking duty at Golra Darbar Chowk where he saw the vicleo viralled on twitter account social media, After watching the said video he send complaint Ex.P-L. whereupon FIR Ex. L/1 was lodged by Tariq Zaman St (PW-15). According to the complainant, he saw 5/6 persons wrongly confined one girl and a boy in a room on gun point, making them nude, extending threats and also making obscene acts with said boy and girl. With assistance of the spy informer he found the place of occurrence as flat No417, 4! floor, Magnum Heights, E-11/2, Islamabad. He further came to know the names of four persons seen in the said video as Muhammad Usman Ibrar, Hafiz Atta-ur-Rehman, Farhan Shaheen and Adaras Butt. It is an admitted fact that complainant'is not the eye witness of the occurrence. He being police officer started action when he watched obscene vidleo clips on social media on 06.07.2021. Obviously he took notice of obscene video clips as it was his duty to take action against the culprits. Occurrence dil not take place on 06.07.2021 when the FIR was lodged, as per record the occurrence took place during night of 18/19 November 2020. ‘The victim of the saiel occurrence did not take action and not promptly provided information to the police. When the obscene video clips were viralled on social media then it became the talk of the town, After registration of the FIR, the vietims came on surface aid they appeared before the executive Magistrates/ Assistant Commissioners PW-9 and PW-11, The victims made their statements tt/s 164 CrP.C as ExP-U (of Asad Raza) ane! EX?-Z, 1s mentioned the reason in their said statem (of MstSundas). The viet ATTESTED Ss : : Scanned with CamScanner ad ions Judge ; vs ‘es lamabad ach MEISE “ft Scanned with CamScanneree re sk Liane tear ele Te Sate laa ie Not2/2021, Pie Stati Cle Si atter before anybody because they were that they did not disclose then andlor stress and fear, This reason logically appeals to the common prudence people do hes ate provide the information promptly to police Lbevanise normally inauich tke eases where honor and prestige is involved. During trial proceedings the victims appeared in the witness box in a dramatic manner, The court waited them since morning, but they appeared before the court at last court timings by changing their counsel, Anyhow, they resiled from their statements and they were declared hostile, Prosecution as well as the defense side cross examined them. Daring cross-examination PW-16 MstSundas has admitted her appearance before the Assistant Commissioner. PW-17 Asad Raza stated that itis correct that details of occurrence are in his knowledge, but he cannot tell the details of said occurrence. After seeing the video clip he stated that he had worn dark gray color schist and MstSundas worn white color sweater inthe video. He further stated that the persons appearing in the video clip are doing obscene acts with him and MstSundas. ft can safely be said that they have made their resiling statements either under pressure, under fear or coercion or by getting monetary benefits from the accused. No doubt it was their legal as well as moral duty to stand firmed on their version recorded before the police and learned Magistrates in statements u/s 461, u/s 164 Cr.P.C and during identification paracle test but, they fail to stancl firm on their version, despite the media and the civil society provided moral support to them, [tis the duty of court to consider all the facts in juxta position to reach to a just decision and not to take into consideration the technicalities, The court cannot sit as mere spectator because court is the guardian of the whole the individuals society. [tig a crime against the society as well and not ag; only, Anyhow, accorling to the scenario, by leaving aside the statements of the victims, the ease of prosecution is based on modern devices and modern ATTESTED —_—— Additions! Sessions Judge (West) lmabad . = Scanned with CamScanné er Scanned with CamScannerimal angie reports. technology’ in shape of video clips went viral on social media ane forensic rep Complai i saved the said Complainant (*WV-5) after watching the obscene vieleu clips got saved the said the USB and Video clips in USH (P-35) from PW-8, PWeR saved the video clips he corroborated this fact while appearing, in the witness box, ‘The saiel USB P35 Was later on sent to PESA Lahore for audio video analysis, In this regard the report of PFSA is available in the prosecution eviden ¢.a8 Ex.P-AS, Investigating Office COW-TS) got prepared the transcript (P-29/1-6) comprising of the word spoken by the characters of obscene video, 1O also got prepared three USBs (P-11/1-2), one contained the audio samples of the accused, other the video sample and third one relating to backup. The said USUs (P-11/1-2) were sent to FIA for forensic analysis, During course of evidence USBs containing the obscene video ware played in the court computer system. During cross examination of the victim PW-16 & 17 the video clips were played and clips were confronted to them. Again the USB were played at the court system at the time of recording of cross examination of PW/-18, The aforesaid video clips reveal that vietims Mst, Sundas and Asad Raza are very much visible in the video clips. The victim Asad Raza was wearing dark grey color shirt, whereas, Mst-Sundas was wearing off white floral sweater, The role of the accused Usman Mirza and Mohib Khan is very clear ii every clip, They are very visible with their aggressive mode towards the victims. The other accused namely Farhan Shaheen, Adaras Qayum Butt and Atta-ur-Rehman are also visible in the obscene video clips. The accused removed the shirt of the Mst-Sundas and made her nude. They also touched the body parts of the MstSundias. The accused also © sf removed the pant of the victim Asad Raza and they direct the victims to pe £7 Jf eachother. The accused Usman Ibrar Mirza ancl Mohib Khan used filthy language, uttered disgraceful words. They also jested the victims and made them mockery g Accused Atta-ur-Rehman and accused Farhan Shaleen are very much visible in i o the video clips, but they did not quibble and make hooting the victims. The Q Y : t ATTESTED aa ; Additional Sessions Judge a (We lama , Scanned with CamScanner | Scanned with CamScannertee tea in the video clips, but he accused Fathan Shaheen had not denied his presence stated that he was yong to Rawafpinlt al when he received te phone all from Attar-Rehman then, be eae back just 6 settle the matter, For the sake of Rehman and Farhan Shaheen did not play any arguments, if the accused Atta cole in the crime, even then, they were legally bound! to discharge their own legal ag well as moral duty by informing the police promptly regarding the criminal act done by the other persons sven inthe video lip, soas to save the victims from the other culprits, but they did not do so. Therefore, they cannot be exonerated from “The accused Rehan Hussain Mughal and Omer Bilal are not the criminal liability vinibte in the video clips. Subsequentty the victims during the identification parade described the role of Omer Bilal that he remained present at the main door ofthe flat and he used to open and close the door for the people who were coming in and going out. They described the role of the accused Rehan Hussain that he was making video film, Victims have resiled from their participation in the jdentification parade, The video clips were sent to PESA Lahore for forensic and according to the report of PFSA Ex.P-AS the video clips are authentic and no 1d in the visual context of the videos. The facial editing features were observe features of the accused Usman Ibrar, Atta-ur-Rehman and Muhammad Adaras Qayum Butt are matched with the video clips. The report of PESA is strong evidence to show that the vtleo clips sent to the PESA for analysis are authentic and there is no editing and tempering therein, Similarly audio video digital forensic analysis report of cyber crime wing (CCW) is available as EXPAA. ‘According to the said report the videoclips sent to the FLA in USB P-11 /1-3 are 1 analysis report snpering. Another tech dence as Ex.P-AE/1-326. authentic and there is no editing of tet of cyber crime wing FIA is available in prosecution ev ‘According, to the said report the vileo clips were gone viral on social media on ATTESTED OD -Agdtional Sessions Judge (West) islamabad Scanned with CamScannet Scanned with CamScannereee ve ay the tren two treats AU ra” an Artest ania", Appresiratel reports has teen wate! anal shared mare than ene fa tinge. Fo pave the sail Pr the experts of FLA appeared in the avitness by as PWS ke PW-E. Th successfully proved the authenticity of reports ancl clips went viral an the social rmeclin 15, The evidence comprising of maclern devices and moern technology i reveals that the obscene video clips in question were viral on social media and i video. The accused made nude MstSuindas and also removed the pant of male 4 victim Asad Raza. The accused wrongfully confined them in a room of flat No, 417,40 floor, Magnum Heights, E-11/2, Islamabad. The L.O collected the paintings which were installed at the walls of the room of occurrence and he also took into the possession the decoration piece from the said ‘room. These paintings and decoration piece are very visible in the video ¢lips. The prosecution through evidence of modern devices has establish the place of occurrence. So many people watched the obscene video clips and the accused exposed! the body of the lady victim MstSundas to the public by removing her shirt. The point raised by the defense side that MstSundas was not exposed to public view as the occurrence took place in a room, is not appealable to the prudent mind, MstSundas Tahie was made nude by the accused and her nude body was exposed to the whole society through obscene video went viral, The accused Usman Ibrar by taking the victims in his arms exposed them in front of the camera and he was well aware that a video ed also extended life threats to the vietims by using was being made, The accu! disgraceful words, The accused also used criminal force against the lady anc! role of each character is visible in the scientific evidence, Itwas the primary duty of the prosecution to establish the veracity and authenticity of video. The prosecution has succeeded to prove the authenticity of the obscene video elips and there is no ATTESTED 1 agama ae Scanned with CamScanner a (Most ietanabadi Sessions Audge ease E ih tam ne t Scanned with CamScannerthas ee te Ean at Tie i Cr sun dena ri aon gtage2t er discharged its primary ccliting, oF tempering, in video clips, When prosecution hi hifted to the accused to duty by: producing strong, evidence and then anus was prove thal the obscene view clips went viral are fake. The accused have faite to prove that the video clips went viral have been tempered with and fake, The postures of the accused! Usinan Ibzar observed in the vitleo clips reveal that he nev that the video of the occurrence was being macte by his companions present in the same room at the tine of occurrence, Obviously, the person who captured amongst the accused persons. the video was present in the same room and he was The aceused Atta-ur-Rehman and Farhan Shaheen have not denied their presence nobscene video. All the accused are very visible in the video clips with their faces, in this way the prosecution has establish to prove its case that dresses and rol Atta ur Rehman, Farhan the accused Usman Ibrar, Mohib Khan, Adaras Qayum, Shaheen gathered in prosecution of common object committed erime and outraged the modesty of Mst.Sunclas, wrongfully confined the victims in a room of the at used disgraceful words by touching the body of the lady and they also tortured both the victims as visible in the video clips. 16. 0 far as concerned to the allegation of snatching Rs.6000/- from the victim Asad Raza which were subsequently recovered on the pointation. of accused Adaras Qayum, itis submitted that the accused has denied the said recovery, The video clips in question do not show that the Adaras Qayum has rooted Rs.6000/- from the victim Asad Raza alongwith the other accused present in the room. Similarly thezeis no sirong and cogent evidence available on record regarding the extortion of amount Rs.1125000/-. As per prosecution version the accused! Omer Bilal received the extorted amount from victim on asking of the accused Usman Ibrar and then the sal amount was disbursed! amongst the other accused, The victims have also denied the extortion of amount from them. ATTESTED At additional Sessions Ju (West Islamabad Scanned with CamScanner Scanned with CamScannertere-t se rc jc evidence to Siutlarly ther be no evidence In shape of anoclern clevice oF 5 4; per prosecution establish the factuny af extortion af amount Rs. 1125000/-. As per prose Version the said amount was paid by the victims, but the victims have not corroborated this version, The accuse! have also denied the factum of the recovery 1 the extortion amount from them, According, to the eviclence the statement of complainant PW-5 wax recorded on 21.10.2021 and the cross examination was reserved, Cross examination of PW-5 was being conducted on many date of Tearing andl ily cluring the cross examination numbers of the currency notes were: vol confronted to the PW but, when the remaining, cross examination was conducted on 01.11.2021 then currency notes numbers (I 30/1-30) were confronted to the PW-5 which dd not match with the recovery memo ExP-N. It appears thal during this span of time the currency note were changed in the velop either cue lo renovation of the police station or to provide undue advantage to the accused. Statement of the LO vas recorded as PW-18 and one of the Feared defense counsel crass examined! him on 22-02-2022. On his request the envelope of currency notes P-12/ 1-2 was opened and the curreney notes numbers matched with the currency notes numbers mentioned in the recovery memo ExP- J. Careful scrutiny of evictence reveals that there is no strong and tangible ‘0 prove the offence of extortion of amount and offence of decoity of snatching of Rs.6000/- from the vietim Asad. The record furiher reveal that telephones recovered from the accused were sent for forensic analysis, but video in question was not recovered due to technical fault and reset of cell phones. On 24.07.2021 the father of the accused Mubib Khan procluced two mobile phones (P-13 & P-14) and 1 brother of the accused Rehan Hussain produced cell phone (P-15) on 24.07 before the LO. Itcan safely be said that when the videos were viral on social media and Government machinery came into motion then obviously the mobile phones would have been damaged or tempered with and reset, Due to the faults created : Scanned with CamScanner “Scanned with CamS canner ©ve Sate ars Usama Ia oe Pe tat Gidea an tana Has rey in the mobile phones the FLA could not recover the data, Furthermore, as per evidence FIA has no capacity to recovery the data from the mobile phones more than seven lays back that is why the phone data was recovered from 10.07.2021 to 17.07.2021, So far as concern to the offence u/s 375-0 P.P.C (Criminal Law Amendment Ordinance 2020), it is submitted that the said ordinance was 120, whereas according, to the prosecution's case and promulgated on Hit information provided by the victims during investigation, the occurrence took place during night of 18/19 November 2020. The FIR was lodged on 06.07.2021, ¢ affect, hence, not therefore, provisions of said ordinance have no retrospe applicable to the case in hand. ‘The prosecution has failed to establish its case to the extent of offence u/s 384/395/375-A/411 P.P.C, Ww ‘The nutshell result of above said discussion is that the prosecution has succeeded to prove its case against the accused Muhammad Usman Ibrar, Farhan Shaheen, Hafiz, Atta-ur-Rehman, Muhammad Adaras Qayoum Butt and Mohib Khan beyond any shadow of doubt for the offence u/s 354 ‘A/342/506(i)/509() P-P.C and have failed to established the case against the accused Rehan Hussain Mughal and Omer Bilal Khan, The accused Rehan Hussain Mughal and Omer Bilal Khan are hereby acquitted of the charges leveled against them. 18. The accused namely Muhammad Usman Ibrar, Farhan Shaheen, Hafiz Atta-ur-Rehman, Muhammad Adaras Qayoum Butt and Mohib Khan are hereby convicted: i.” U/S 354-A P-P.C and are sentenced to Imprisonment for life each with fine of Rs.200,000/- each. In default of the payment of fine they shall undergo One Month (01) S11 each. 4 ii, U/S 342 P.P.Cand are sentenced to One year (01) R.l each, a z ATTESTED r a Additional Sessions Judge {West Islamabad Scanned with CamScanner Scanned with CamScannerars (07) EE Hi. YAS SMG (HD LC ane ane senntenned er SE each eo AS ROMY PALE ant ane sentncead de Howe sears FE oly The sentences of imprisonment shall: eit canetrrentty and sventsedt ate nant benetit of section 3 val ave biel He 20) CPC Te "hor joi superinentewt jail before acon through sentence eaten 19, The copies of judgment are delivered to the canvi 5 free of cert as Fegunred w/s ATT CeI.C. Copy of this judgment also be sent te: incharye Nrosevation Branch /s S23 ChIC. The case property ii mobile. phones reeovered from the convicts, The recovery of cash amount has been denied by the ts and others, therefore, cash amount recovered from the convicts and re confiscated in favour of the state, ‘The mobile phone recovered from the ed Rehan Hussain Mughal and Omer Bilal Khan be handed over to them eriod of appeal or revision, if any. The accused Rehan Hussian Mughal and (Omer Bilal Khan are on bail, their surety bonds are dischargedt and sureties arc leaseet from their liabilities. The accused Muhammad Usman tbrar, Farhan i heen, Hafiz Atta-ur-Rehman, Muhammad Adaras Qayoum Butt and Mohi’s 1 are in jail, they are sent back to jail. Since the co-accusedl are yet to be srrested, therefore documents be kept intact, AbImad Ansar Salamat is directed to consijjn the record to the recorel room after due completion and compilation. mad Atta Rabbani) ional Islamabadl-West/GBV Court Bast West Sessions [ule t consists ol Forty four GL) pages. Back cleat andl signed! be me. : (Muhammad Atta Rabbani) ° Aaalitiontal Sessions fuslye slamabwal-West/ GBY Court East West nn By Bemeee i = \, NX = o. ii at Scanned with CamScanner "Scanned with CamScanner