MUHAMMAD AAMIR vs State Ss — 2022 YLR 484 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 484 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD AAMIR 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

MUHAMMAD AAMIR VS State Ss. 302, 324, 109 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), art.22---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Test identification parade---Scope---Prosecution case was that the accused persons and two unknown culprits started firing at the passengers of the Passenger van during the course of which the complainant and a passenger sustained bullet injuries, who were shifted to the hospital where injured passenger succumbed to the injuries---None of the eye-witnesses knew co-accused before the incident---all the eye-witnesses only got a fleeting glance of the co-accused from a distance of about twenty feet which was not particularly close and none of them gave any hulia of him in their statements under S.161, Cr.P.C. and he was not placed before an identification parade---Driver of the Van, which was attacked, did not even see co-accused at the time of the incident and instead was told about his presence by the other eye-witnesses---Identification of co-accused by any of the eye-witnesses was found to be doubtful despite it being a day light incident, as it could not be ruled out that the eye-witnesses were not even present at the scene of the incident and had concocted a false case against co-accused---appeal against conviction was allowed, in circumstances.

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