SHAHZAIB vs State Ss — 2022 MLD 950 KARACHI-HIGH-COURT-SINDH

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SHAHZAIB 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 unlicensed arms---appreciation of evidence---Contradictions on material particulars of the case---Scope---Prosecution case was that the accused was standing in suspicious condition, when police tried to apprehend him, he made firing upon police party, in retaliation, police also made firing, during cross firing accused received fire arm injury and was apprehended---Record showed that there were number of contradictions on material particulars of the case---Memo of arrest and recovery revealed that it was prepared at about 08:10 p.m., while contradicting the fact that Medico Legal Officer in his examination-in-chief had deposed that on the relevant day, he received the injured accused at about O8:00 p.m. as brought by the complainant for his examination, treatment and certificate---Question was as to how the accused was brought before Medico Legal Officer prior to the incident or arrest of accused---Said fact also gave serious jolt to the prosecution case---Memo of arrest and recovery and FIR, revealed that one 30 bore pistol without number loaded with three live rounds was allegedly recovered from the accused at the time of his arrest, but Forensic Science Laboratory Report available on record showed that the said pistol was rubbed number---Said fact also showed that perhaps the incident had not taken place in a fashion as stated in FIR or otherwise and therefore, false implication of the accused in that case with due deliberation and consultation could not be ruled out---Evidence of prosecution witnesses did not find to be trustworthy and confidence inspiring which was contradictory with each other on material particulars of the case---Evidence of said witnesses could not be safely relied upon for maintaining the conviction, in circumstances---appeal against conviction was allowed, in circumstances.

SHAHZAIB vs State Ss — 2022 MLD 950 KARACHI-HIGH-COURT-SINDH

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