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---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

MOHAMMAD SHOAIB alias SHAHOO VS State Ss. 302 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), art. 22---Qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Test identification parade---Infirmities---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---Record showed that Judicial Magistrate conducted Identification Parade of accused persons through Head Constable and Police Constable, who did not identify co-accused, however, they identified accused during Identification Parade---Police Constable had assigned role to accused while conducting his Identification Parade that he was present with 10/12 persons, who were burning tyres---Said witness did not state about making fires by the accused upon the police party on the day of incident---Said witness deposed in his examination in chief that in retaliation of firing by miscreants upon police party he also opened three or four fires upon them from MG allotted to Head Constable---During cross-examination, said witness admitted that he was not allotted official arms and ammunition because he was performing his duty on that day as driver of police mobile but made fires---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.

Other judgments reported in 2022 YLR

2022 YLRN 144 KARACHI-HIGH-COURT-SINDHMUHAMMAD KHALIQ KHAN VS State "Obligation"---Meaning.
2022 YLR 999 LAHORE-HIGH-COURT-LAHOREAQEEL HUSSAIN VS State Witnesses---Dishonest improvements---Effect--- Improvements once found deliberate and dishonest cast serious doubt on…
2022 YLR 1193 LAHORE-HIGH-COURT-LAHOREMUHAMMAD JAVED VS State Benefit of doubt---Principle---Even a single circumstance creating doubt in a prudent mind was sufficient, benefit t…
2022 YLRN 28 LAHORE-HIGH-COURT-LAHOREAMEER HUSSAIN VS State Benefit of doubt---Principle---If there was a single circumstance which created doubt regarding the prosecution case,…
2022 YLR 2210 PESHAWAR-HIGH-COURTSOHAIL AHMAD VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss.16, 21 & 24---Penal Code (XLV of 1860), Ss. 419 & 506---…
2022 YLRN 22 KARACHI-HIGH-COURT-SINDHABDUL QADIR alias ALI VS State S. 497---Penal Code (XLV of 1860), Ss. 377 & 34---prevention of electronic Crimes Act (XL of 2016), Ss. 21, 2…

Back to the case-law library · Search Pakistani case law in Urdu or English