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Syed MANSOOR ALI SHAH vs State Ss — 2022 MLD 1712 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 MLD 1712 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
MLD
Parties
Syed MANSOOR ALI SHAH vs State Ss
Subject matter
Criminal

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

Syed MANSOOR ALI SHAH VS State Ss. 302, 324, 337-F, 337-D & 34---Qatl-i-amd, attempt to commit qatl-i-amd, mutalahimah, jaifah and common intention---Appreciation of evidence---Benefit of doubt---Identification parade---Recovery of weapon, delay in---Sending of empties along with pistol---CCTV footage not sent for Forensic Analysis---Effect---Accused was convicted and sentenced to death in an FIR lodged under Ss.302, 324, 337-F(iii), 337-D & 34, P.P.C.---Accused was not named in the FIR, his and his father's introduction in the case materialized only when complainant and witnesses made a further statement, after about two months of the incident, implicating them---Complainant backed out from his statement to the extent of father of accused and exonerated him---Failure of the Investigating Officer to get identification parade of the accused held before the Magistrate was still another blow imbuing streaks of doubt in the mind over allegations against the accused---Pistol was recovered after two months of the incident from an open plot not owned by the accused---Crime empties were sent along with the pistol not immediately after recovery as required by law to eliminate a chance of chicanery---CCTV (Closed-Circuit Television) footage, relied upon by the prosecution was not sent for forensic examination to confirm its authenticity and identity of the accused beyond a reasonable doubt in view of his dispute to be him in the photographs---Appeal was allowed and the accused was acquitted of the charge, in circumstances.

Other judgments reported in 2022 MLD

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