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YAQOOB KHAN vs The ANTI-TERRORISM COURT NO — 2022 YLRN 142 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 142 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
YAQOOB KHAN vs The ANTI-TERRORISM COURT NO
Subject matter
Criminal
Provisions referred to
S. 23; S. 7---

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

YAQOOB KHAN VS The ANTI-TERRORISM COURT NO.II, KARACHI Ss. 324, 353 & 34---Sindh arms act (V of 2013), S. 23(1)a---anti-Terrorism act (XXVII of 1997), S. 7---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, possessing unlicensed weapon, act of terrorism---appreciation of evidence---Benefit of doubt---Prosecution case was that on spy information, police party tried to apprehend the criminals, on seeing the police party, they made firing upon the police party, in retaliation, police also made firing, however, three accused were apprehended but two escaped---Record showed that the encounter continued for few minutes with sophisticated weapons but admittedly, during that encounter neither accused nor any passerby or anybody from the public was injured---allegedly, during said encounter, only a police mobile had received two holes of fire arms but departure entry did not show the said police mobile registration number under which police party left the police station for patrolling---Surprisingly, arrival entry showed the police mobile registration number---Said aspect also gave serious jolt to the prosecution story---Perusal of evidence and documents on record, revealed that two companions of present accused were available inside the car but it was surprising to note that said two companions of accused fled away from the spot and police party did not make any efforts to arrest them---Complainant admitted in his evidence that when that car was escaped away, he did not inform on wireless to anyone to catch the said car---Said fact also createddoubt in the prosecution case---Circumstances established that the prosecution had failed to prove that the accused were ever convicted in any case registered against them, therefore, they could not be refused relief if otherwise under the law they become entitled for such relief---appeal against conviction was allowed, in circumstances.

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