HAFEEZ MACHHI vs State Ss — 2022 YLRN 27 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

HAFEEZ MACHHI VS State Ss. 302(b), 324, 353 & 402---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, assembling for the purpose of committing dacoity---Appreciation of evidence---Benefit of doubt---Delay of about fifteen days in recording statements of witnesses---Scope---Prosecution case was that the accused party made firing upon the police party with the intention to commit their murder, when they were directed to drop the weapons---Police party also made firing in retaliation, however, one police constable was hit and died, accused ran away after taking official weapon of the deceased---Record showed that the incident occurred on 18.04.2009---All the witnesses of the prosecution were Police Officials and they were available at their respective police stations and were performing their duties but their statements under S.161, Cr.P.C. were recorded on 03-05-2009 as admitted by the Investigating Officer in his examination-in-chief, which were after the fifteen days of the incident---Said delay had not been explained by the Investigation Officer which opened room for consideration and made the case of prosecution as doubtful---Circumstances established that the prosecution had failed to prove its case against the accused beyond a reasonable doubt by producing reliable, trustworthy and confidence inspiring evidence---Appeal against conviction was allowed, in circumstances.

HAFEEZ MACHHI vs State Ss — 2022 YLRN 27 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported