MUHAMMAD ZAKIR vs State Ss — 2022 MLD 204 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 204 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD ZAKIR vs State Ss
Subject matter: Criminal
Provisions referred to: S. 23; S. 7---R

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 ZAKIR VS State Ss.4 & 5---Sindh arms act (V of 2013), S.23(1)(a)---anti-Terrorism act (XXVII of 1997), S.7---Recovery of explosive substance and firearms, act of terrorism---appreciation of evidence---Contradictions in the statements of witnesses---Scope---Prosecution case was that pistols loaded with magazine containing bullets, Kalashnikovs loaded with magazine containing bullets and hand grenades were recovered from the possession of the accused---Perusal of the memo of arrest and recovery showed that complainant prepared the mashirnama of arrest and recovery at 4.00 a.m. after defusing the hand grenades and sealed both the arms and hand grenades---Incharge of Bomb Disposal Unit totally belied the same while deposing that at 4.05 a.m., operator informed him to reach at old Sabzi Mandi, Tarbooz ground, for defusing the explosive material---Incharge of Bomb Disposal Unit reached at the spot at 4.25 a.m. and at 4.30 a.m., he defused the alleged recovered hand grenades, whereas, the hand grenades according to Incharge of Bomb Disposal Unit, were sealed at police station---If Incharge of Bomb Disposal Unit deposed that he came at the place of incident at 4.25 a.m. and defused the alleged recovered hand grenades at 4.30 a.m. then how it was possible that all the arms and hand grenades were sealed and thereafter, Bomb Disposal Unit Team reached at the spot---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal against conviction was allowed, in circumstance and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court.

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