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ALI HASSAN vs State Ss — 2022 PCrLJN 125 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 125 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
ALI HASSAN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---S; S. 23; S. 154

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

ALI HASSAN VS State Ss. 302, 397, 427 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---Qatl-i-amd, robbery or dacoity with attempt to cause death or grievous hurt, mischief causing damage to the amount of fifty rupees, common intention, possessing unlicensed weapon, act of terrorism---appreciation of evidence---Delay of nine hours in lodging the FIR---Scope---accused was charged that he along with his co-accused persons tried to snatch cash amount from complainant party on the show of weapon, on resistance, they made firing upon the complainant party, due to which driver of the complainant died, whereas guard sustained firearm injury---Record showed that the FIR was lodged with promptitude being nine hours after the attempted robbery and shooting of the deceased---Such delay had been explained by the Police Official, who stated that he only returned to the Police Station after performing his duties following the incident at 12.00 a.m. when he recorded the S. 154, Cr.P.C. statement of the complainant who had been waiting for him at the Police Station for over four hours---Complainant had no enmity with the accused to implicate him in a false case and did not even name him in the FIR---Had the accused wanted to fix the accused in a false case he would have named him in the FIR---Fact that complainant did not show that he was not colluding or conniving with the police who already knew the name of the accused who had been arrested on the spot---With respect to an explained delay in lodging the FIR not being fatal to the prosecution case---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal was dismissed accordingly.

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