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

Case information

Citation
2022 PCrLJN 73 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MEHTAB alias KALA vs State Ss
Subject matter
Criminal
Provisions referred to
S. 23; S. 7---Q

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

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---Standard of proof---Scope---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 Investigating Officer had failed to examine an independent witness in order to ascertain the truth beyond any reasonable doubt about the encounter---Standard of the proof in such a case should have been far higher as compared to any other criminal case when according to the prosecution it was a case of police encounter---Desirably, such case should have been investigated by some other agency---Such circumstances created doubt---appeal against conviction was allowed, in circumstances.

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