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IMRAN HUSSAIN alias MAMA vs State Ss — 2022 PCrLJN 84 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 84 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
IMRAN HUSSAIN alias MAMA vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q; S. 164; S. 161

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

IMRAN HUSSAIN alias MAMA VS State Ss. 302(b) & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---accused was charged for committing murder of the father of the complainant by firing---Record showed that the present accused had been arrested in the case after five years and no identification parade had been conducted and the case was disposed of in 'a' Class---Record transpired from the testimony of Head Constable that he had not produced any arrival entry during his evidence and it was not mentioned in his 161 Cr.P.C. statement about the registration number of police mobile, departure entry number of Police Station and there was no private person taken as Mushir while preparing memo---Investigating Officer admitted that he had not mentioned police mobile registration number in the entries and so also in the Mushirnama and at the time of pointation of place of incident he had not called any person from public and admitted his ignorance about the statement of the accused that whether the statement of accused under S. 164, Cr.P.C. was recorded in the chamber or in the Court---Said witness did not disclose the descriptions/physical features of accused in his statement under S. 161, Cr.P.C.---Said prosecution evidence showed glaring contradictions/ambiguity---Said fact had totally been ignored by the Trial Court while passing the impugned judgment---Police Officials had no knowledge about the registration number of police mobile---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

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