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

Case information

Citation: 2022 MLD 950 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: SHAHZAIB vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---S; S. 23; S. 103---; S. 103; Criminal Procedure Code (V of 1898)

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

SHAHZAIB VS State Ss.324 & 353---anti-Terrorism act (XXVII of 1997), S.7---Sindh arms act (V of 2013), S.23(1)(a)---Criminal Procedure Code (V of 1898), S.103---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---Non-association of private witnesses---Effect---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 it was the case of spy information---Despite that fact, complainant did not bother to associate with him any independent person of the locality from the place of information or from the place of incident---Record showed that place of incident was a thickly populated area, which was surrounded by shops, houses, mosque and many people were available there---No plausible explanation was offered by the prosecution as to why police did not associate any independent person from the place of information and incident to witness the arrest and recovery proceedings---Provision of S.103, Cr.P.C., was mandatory in nature and could not be ignored without any proper justification.

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