ADIL vs State Ss — 2022 PCrLJN 47 KARACHI-HIGH-COURT-SINDH

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ADIL VS State Ss. 302, 324, 365, 376 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, kidnapping or abducting with intent secretly and wrongfully to confine a person, rape, common intention, act of terrorism---appreciation of evidence---Recovery of weapon of offence and crime empties---Reliance---Scope---accused were charged for committing rape upon the sister and niece of complainant and then murdering the brother-in-law, sister and two nephews of the complainant and also injuring his niece---On the arrest of co-accused, no weapon was recovered from him and as such he could not be linked to the empties found at the murder scene---Pistol was recovered from accused at the time of his arrest, however he had been acquitted in the encounter case and case under Sindh arms act, 2013, on the basis that the evidence of the prosecution witnesses in respect of that aspect of the case had been disbelieved---Place of arrest with respect to accused was now in doubt and it could not be ruled out that he was arrested from his house as per his defence case---Pistol recovered from accused was not sent for Forensic Science Laboratory Report in respect of the empties recovered at the wardat of the murders---Recovered pistol story which was disbelieved could not link the accused to the murder scene---Circumstances established that the prosecution had failed to prove its case against the accused beyond of any reasonable doubt---appeal against conviction was allowed, in circumstances.

ADIL vs State Ss — 2022 PCrLJN 47 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported