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SAJJAD alias MITHU vs State Ss — 2022 PCrLJN 18 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 18 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
SAJJAD alias MITHU vs State Ss
Subject matter
Criminal

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

SAJJAD alias MITHU VS State Ss. 324, 386, 387, 114, 337-F(iii) & 337-H(2)---anti-Terrorism act (XXVII of 1997), Ss. 6 & 7---attempt to commit qatl-i-amd, extortion by putting person in fear of death or grievous hurt, putting person in fear of death or grievous hurt in order to commit extortion, abetment, abettor is present when offence is committed, mutalaimah, hurt by rash or negligent act, act of terrorism--- appreciation of evidence---Benefit of doubt---acquittal of co-accused---Non-availability of independent corroboration---Effect---Maxim: Falsus in uno, falsus in omnibus---applicability---Scope---Prosecution case was that accused along with his acquitted co-accused being armed with deadly weapons and due to non-payment of extortion money attempted to kill the witnesses, thereafter, all the accused persons went away by making indiscriminate firing---Record showed that Trial Court acquitted three accused against whom allegations were that they along with present accused reached at bus adda being armed with deadly weapons and due to non-payment of extortion money attempted to kill the witnesses---allegations against all the accused persons, including the present accused-appellant, were one and same least to the extent of demand of Bhatta (extortion) and creating terrorism---Such general allegations could not be believed---approach of the Trial Court was in complete negation to the principle of "falsus in uno, falsus in omnibus"---If the said principle was given due effect, there remained no need to go into any further details of the case but to set-aside the conviction and sentence, so recorded for offence under Ss. 6(2)(b) & 7(c) of anti-Terrorism act, 1997 as well for the offences under P.P.C.---Even otherwise, record showed that the injured witness had himself voluntarily appeared before the court with the plea that he had pardoned the accused---appeal was allowed and accused was acquitted by setting aside conviction and sentence recorded by the Trial Court, in circumstances.

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