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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; S. 161

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---Delayed identification parade---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---Head Constable did not give evidence at trial with regard to identification---Witness, who picked out accused from an Identification Parade six years later in his S. 161, Cr.P.C. statement, gave no hulia or description of accused and did not even say that he could recognize him again---Reliance could not be placed on the identification of said witness held six years after the incident---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

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