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---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 alleged encounter took place on 16.04.2019 at 02.30 pm near a Departmental Store, a very thickly populated area and reportedly, it continued for five minutes but surprisingly except accused, no injury was caused either to police party or even to the passersby---Non-production of the arrival and departure entries of police station also cut the roots of the prosecution case---Even Investigating Officer had not found any blood while conducting inspection of the place of incident---Complainant admitted in his evidence that private persons were present but he did not ask them to act as mashir, thus, best possible evidence was not produced---Presumption would be that in case private persons had been examined they might have not supported the prosecution case---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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