MUHAMMAD FAISAL vs State Ss — 2022 MLD 1557 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 1557 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD FAISAL vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---S; S. 23

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD FAISAL VS State Ss.324 & 353---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, act of terrorism, possessing illegal weapon---appreciation of evidence---Benefit of doubt---Weapon of offence and crime empties were recovered---Scope---Prosecution case was that the accused being in suspicious condition was stopped, but he fired upon police party with intention to kill them and one bullet hit the police mobile, police also fired in retaliation, resultantly, accused sustained fire arm injury and was apprehended---Record showed that the prosecution had failed to establish the safe custody of the recovered pistol and empties at the police station as neither Incharge of the Malkhana was examined nor any entry had been produced by the prosecution---Non production of any witness concerned with such custody would certainly render the recovery unbelievable and doubtful---Circumstances established that the prosecution had failed to bring home the guilt of accused---appeal against conviction was allowed, in circumstances.

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