ARSALLAH vs State Ss — 2022 YLR 679 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 679 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: ARSALLAH vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---Q; 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

ARSALLAH VS State Ss. 302(b), 324, 353, 440, 148 & 149---Explosive Substances Act (VI of 1908), Ss. 3 & 4---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, mischief committed after preparation made for causing death or hurt, rioting armed with deadly weapon, unlawful assembly, recovery of explosive substance and firearms, act of terrorism---Appreciation of evidence--- Benefit of doubt---Prosecution case was that during the encounter which took place between the police party and accused persons, three Police Constables were gunned down by the accused persons and they also caused certain injuries to six Police Officials---Record showed that twenty six accused of the present occurrence preferred appeal against their convictions, which was allowed by the Court---Present accused had been convicted by the Trial Court on the same set of facts and evidence, which High Court had not considered sufficient to warrant their conviction---No special features were found which distinguished accused's case/role from the said accused persons justifying recording conviction and sentence to the present accused---Present accused was also entitled to the same benefit of doubt earlier extended in favour of accused of the same case---Appeal against conviction was allowed, in circumstances.

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