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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

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---Delay in sending the crime empties for analysis---Scope---accused was charged for committing murder of the father of the complainant by firing---Record reflected that as per memo of seizure prepared by Investigating Officer, he recovered two fired shells of .30 bore from the place of occurrence, which were sent for Forensic Science Laboratory with the delay of fourteen (14) days---Mushirnama of recovery did not disclose recovery of any weapon but only showed two .30 bore empties, which created serious doubt in the prosecution's case, whereas, no evidence of modern devices to that extent had been produced by the prosecution before the Trial Court---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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