MOHAMMAD SHOAIB alias SHAHOO vs State Ss — 2022 YLR 1837 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 1837 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: MOHAMMAD SHOAIB alias SHAHOO vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---C; S. 103---Q; S. 164; Criminal Procedure Code (V of 1898)

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

MOHAMMAD SHOAIB alias SHAHOO VS State Ss. 302 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Criminal Procedure Code (V of 1898), S. 103---Qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Benefit of doubt--- Defective investigation---Scope---accused were charged for making firing upon the police party, due to which one Police Constable was hit and died, whereas one bullet hit at the side door of the official mobile---Investigating Officer after completion of investigation had submitted challan under "a" Class as no one could be arrested by the Investigating Officer at that time (2011)---Investigating Officer deposed that he was Investigation Officer of FIR and during search of the accused of that crime, on receiving spy information about presence of accused of that FIR they arrested accused in presence of Head Constable, who admitted their guilt before police---Investigating Officer did not make efforts to get his confessional statement recorded before Judicial Magistrate as provided in law under S.164, Cr.P.C., in order to prove that crime against him on merits by adopting legal process but instead brought unauthentic, inadmissible and unrecognized evidence on record---Circumstances established that the prosecution failed to prove its case beyond shadow of doubt---appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court.

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