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

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YAQOOB KHAN VS The ANTI-TERRORISM COURT NO.II, KARACHI Ss. 324, 353 & 34---Criminal Procedure Code (V of 1898), S. 103---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---Non-association of private witnesses---Scope---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 alleged incident took place in thickly populated area, which was surrounded by shops, houses and bus stops and alleged encounter continued for considerable time but complainant had failed to obtain the services of any independent person to witness the event---Complainant in his cross-examination had admitted that despite of availability of the private persons, he did not obtain the services of private witness---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

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

Case information

Judgment text as reported