AMANULLAH vs State Ss — 2022 YLR 1681 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 1681 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: AMANULLAH vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---Q; Explosive Substances Act (VI of 1908); Anti-Terrorism Act (XXVII of 1997)

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

AMANULLAH VS State Ss. 302(b), 324 & 34---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Anti-Terrorism Act (XXVII of 1997), S.7---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, causing explosion likely to endanger life or property, attempt to cause explosion or making or keeping explosive with intent to endanger life or property, act of terrorism---Appreciation of evidence---Benefit of doubt---Delay of more than twenty nine hours in lodging the FIR---Scope---Accused were charged for committing murder of two persons, including brother-in-law of complainant by firing, causing injuries to a person and also throwing a ball cracker which could not explode---Record showed that the occurrence alleged to have taken place at 6:00 p.m. and the FIR had been lodged nest day at 11:30 p.m.---Admittedly, FIR was lodged after twenty nine and half hours of the incident without furnishing any plausible explanation---Presumption would be that FIR had been lodged after due deliberations and consultation---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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