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; 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---Non-association of private witnesses---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---No private witness from the locality was cited as mashir of arrest although as per prosecution story the accused was arrested from his house which was located in thickly populated area---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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