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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---Official weapons were not sent for forensic examination---Effect---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---admittedly official weapon was used and empties were also collected from the place of incident, however, official weapons were not sent for forensic examination to ascertain that in fact official weapons and bullets allocated to the Police Officials were used at the crime scene---Empties and weapons allegedly recovered from the accused persons were sent for forensic examination next day after the arrest of the accused persons---Positive report of the agency was of no avail to the prosecution and was inconsequential, in circumstances---Circumstances established that the prosecution had failed to prove its case against the accused---appeal against conviction was allowed, in circumstances.

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