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

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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---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, mischief by fire and explosive substance, common intention, recovery of explosive substance and firearms, act of terrorism---Appreciation of evidence---Benefit of doubt---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---Ocular account of the incident had been furnished by sole eye-witness, however, said witness did not know the accused before the incident and he did not give any hulia of the accused in his S. 161, Cr.P.C. statement or said that he could identify the accused if he had seen them again which greatly undermines his ability to pick out any accused with certainty/accuracy at an identification parade---Said witness gave his S. 161, Cr.P.C. eye-witness statement after considerable delay for which he had provided no explanation especially as he was not injured which greatly undermined his eye-witness evidence---Evidence showed that eye-witness only got a fleeting glimpse of the accused when they threw the plastic bag into the post---Sketch of said witness of the accused was inexplicable made seven days after the incident---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.

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

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