TARIQUE ALI vs State Ss — 2022 PCrLJ 1059 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PCrLJ 1059 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PCRLJ
Parties: TARIQUE ALI vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---Q

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

TARIQUE ALI VS State Ss. 302, 338-B, 337-H(2), 386, 114 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, rash and negligent act, abeter present at the time of crime, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Medical evidence---Scope---accused was charged that he made firing upon the pregnant wife of complainant, due to which she died and her baby in the womb also died---Medical evidence was not helpful to the prosecution as the same was only to be used for corroboration of ocular evidence---Medical evidence was also in conflict with the ocular evidence produced by the complainant party before the Investigating Officer but latter on complainant party changed the same during recording their evidence before the Trial Court---as per FIR the accused was armed with pistol and he fired upon the deceased and as per the memo of recovery (recovery not supported by the mashir in his evidence) police recovered one TT pistol and live bullets while the Medical Officer in her cross-examination stated that the same was caused by pellet emitting weapon like shot gun---Medical evidence produced by the prosecution was not of such standard to maintain the conviction in case of capital sentence--- Circumstances established that the prosecution had not been able to prove its case against the accused beyond reasonable doubt--- appeal against conviction was allowed, in circumstances.

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