MEHTAB alias KALA vs State Ss — 2022 PCrLJN 73 KARACHI-HIGH-COURT-SINDH

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MEHTAB alias KALA VS State Ss. 324, 353 & 34---Sindh arms act (V of 2013), S. 23(1)(a)---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, assault or criminal force to deter public servant from discharge of his public duty, common intention, possession of unlicensed weapon, act of terrorism---appreciation of evidence---Benefit of doubt---Prosecution case was that when the culprits were signalled to stop, they made firing upon the police party and in retaliation one of them got injured and were arrested---Record showed that the prosecution failed to prove that accused assaulted or used criminal force to Police Officials to deter them from discharge of their duty---Circumstances suggested that accused had been convicted under S. 324, P.P.C., without any evidence---Evidence available on record showed that offence had no nexus with the objects of anti-Terrorism act, 1997, as contemplated under Ss. 6 & 7 of the anti-Terrorism act, 1997, hence, evidence available on record made it clear that encounter had not taken place---Said circumstances created doubt about the very commencement of the encounter---allegedly, there was cross-firing for about 05 minutes but no injury/scratch was caused to the police party---Distance between Police Officials and accused was 10 feet at the time of encounter and none from the police party sustained any bullet injury and bullet marks on the police mobile also---Non-production of the arrival and departure entries of police station also cut the roots of the prosecution case---Circumstances established that the prosecution had failed to prove its case against the accused---appeal against conviction was allowed, in circumstances.

MEHTAB alias KALA vs State Ss — 2022 PCrLJN 73 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported