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MUHAMMAD ISMAIL vs State Ss — 2022 YLRN 193 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 193 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MUHAMMAD ISMAIL vs State Ss
Subject matter
Criminal
Provisions referred to
S. 17; S. 7---Q

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 ISMAIL VS State Ss. 302, 460, 397, 109, 120-B---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(4)---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, robbery or dacoity with attempt to cause death or grievous hurt, lurking house-trespass or house breaking by night, abetment, criminal conspiracy, haraabah, act of terrorism---appreciation of evidence---Contradictions in the statements of witnesses---Scope---Prosecution case was that the accused along with acquitted co-accused duly armed with deadly weapon trespassed into the house of complainant to commit robbery at the instance of acquitted co-accused and during the commission of robbery a witness was murdered---Record showed that there were some material and significant contradictions in the evidence of the prosecution witnesses--- Eye-witness stated in his evidence that the police removed the dead body whereas other witness stated in his evidence that he took the dead body to hospital---Said contradiction casted doubt on the credibility and reliability of the eye-witnesses---Co-accused was acquitted by the Trial Court in the impugned judgment on exactly the same evidence as was adduced against the accused and as such the accused ought to have been acquitted---appeal against conviction was allowed, in circumstances.

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