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NAZIR alias LOTI vs State Ss — 2022 PCrLJN 122 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 122 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
NAZIR alias LOTI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 103

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

NAZIR alias LOTI VS State Ss. 324, 353, 148 & 149---anti-Terrorism act (XXVII of 1997), Ss. 6 & 7---Sindh arms act (V of 2013), Ss. 23(1)(a) & 24---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his public duty, rioting armed with deadly weapon, unlawful assembly, act of terrorism, possessing unlicensed weapon, act of terrorism---appreciation of evidence---Benefit of doubt---Prosecution case was that on seeing police, accused persons made straight fires upon police party in order to commit their qatl-i-amd---Police party retaliated in their self-defence--- accused was arrested in injured condition with his Kalashnikov---Record showed that alleged encounter continued for about fifteen minutes but surprisingly neither anybody from police side received any bullet injury nor any bullet was hit to police vehicle nor to any object nearby---During the alleged encounter only accused received bullet injuries---Incident took place in the area which was surrounded by houses but no independent person of the said locality had been cited as witness to the recovery proceedings---admittedly, complainant had an advance information about the availability of accused along with co-accused but he did not take any independent witness either from the place of information or from the place of incident, thus mandatory provision of S. 103, Cr.P.C. was violated---Record transpired that on the basis of evidence, so produced by the prosecution, Trial Court acquitted two co-accused and convicted and sentenced the accused/appellant---No appeal was filed by state against that acquitted accused, which created doubt in the prosecution case---Prosecution had failed to prove its case against the accused beyond any shadow of reasonable doubt, in circumstances.

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