Syed AHMED HUSSAIN SALMAN vs State Ss — 2022 YLR 2276 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 2276 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: Syed AHMED HUSSAIN SALMAN vs State Ss
Subject matter: Criminal
Provisions referred to: 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

Syed AHMED HUSSAIN SALMAN VS State Ss. 302(b), 324, 353, 436 & 34---Explosive Substances Act (VI of 1908), Ss. 3 & 4---Anti-Terrorism Act (XXVII of 1997), Ss. 6 & 7---Qanun-e-Shahadat (10 of 1984), Art. 22---Appreciation of evidence---Benefit of doubt---Test identification parade--- Infirmities---Accused were charged for throwing hand cracker in the chowki of Rangers with intention to commit murder of Rangers Personnel, to create terror and to cause damage to the Government property---Identification parade was held two months after the incident in which the eye-witness only picked out two accused and failed to assign to each of them a specific role---Some procedural defects existed in the identification parade especially in terms of the dummies all being different in terms of height and features and there CNIC's names, ages, etc., were not recorded which all tended to put on caution with regard to the legal worth of the identification parade---Sole eye-witness would not have been able to correctly, safely and reliably identify the accused, therefore, the conduct of the identification parade became inconsequential---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal was allowed and accused were acquitted by setting aside the convictions and sentences recorded by the Trial Court, in circumstances.

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