ASSADDULLAH vs State S — 2022 PCrLJ 774 KARACHI-HIGH-COURT-SINDH

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ASSADDULLAH VS State S. 7---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Sindh Arms Act (V of 2013), S. 23-1(A)---Act of terrorism, possession of hand grenade, Kalashnikov and bullets---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Prosecution case was that one hand grenade, a Kalashnikov and bullets were recovered from the possession of accused---Record showed that it was the case of spy information but the Investigating Officer had failed to associate independent persons of the locality to act as mashir, which was admittedly thickly populated area---Prosecution had claimed that one hand grenade of gray colour was allegedly recovered from the possession of the accused but no description/number of the hand grenade was mentioned in mashirnama of arrest and recovery---Incharge Bomb Disposal Unit while contradicting that fact, in his evidence produced inspection report of hand grenade, which showed that on the lever there was lot No.24-70 y3PTM 386---Case of the prosecution was that a Kalashnikov without number was also allegedly recovered from the possession of the accused, however, Forensic Science Laboratory Report depicted that the weapon was with rubbed number---Investigating Officer had also failed to interrogate the accused that with what intention, he was carrying such explosive substance---In the present case, it appeared to be very illogical that though accused being allegedly armed with deadly weapons like Kalashnikov and hand grenade but he did not resist and calmly surrendered himself before the police---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

ASSADDULLAH vs State S — 2022 PCrLJ 774 KARACHI-HIGH-COURT-SINDH

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