Syed RIFFAT HUSSAIN vs State Ss — 2022 PCrLJN 108 KARACHI-HIGH-COURT-SINDH

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Syed RIFFAT HUSSAIN VS State Ss. 302(b) & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Recovery of weapon and crime empties---Reliance---Scope---Delay in sending the weapon and crime empties for analysis---Effect---accused were charged for committing murder of father of complainant and his friend---Record showed that the empties were recovered at the scene and were not sent to the Forensic Science Laboratory for over two months, which delay had not been explained by the prosecution---No evidence of the safe custody of the empties was available and they were sent for Forensic Science Laboratory after the recovery of pistols had been recovered from the accused on their arrest (which was not made on the spot but after a delay of nearly two months based on spy information when the accused claim that they were already in police custody)---Possibility could not be ruled out that the pistols once in police custody had been used to generate the empties which were sent to the Forensic Science Laboratory along with the pistol---appeals against conviction were allowed, in circumstances.

Syed RIFFAT HUSSAIN vs State Ss — 2022 PCrLJN 108 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported