ABDUL HAFEEZ alias MUMTAZ KALHORO vs State Ss — 2022 YLRN 49 KARACHI-HIGH-COURT-SINDH

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ABDUL HAFEEZ alias MUMTAZ KALHORO VS State Ss. 302, 387 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), art. 22---Qatl-i-amd, putting person in fear of death or of grievous hurt in order to commit extortion, common intention, act of terrorism---appreciation of evidence---Test identification parade---Infirmities---accused were charged for committing murder of the nephew of the complainant on refusal for giving Bhatta---Record showed that the co-accused was arrested after about two months of the incident and his identification parade was conducted after two days of his arrest---Identification parade of the co-accused through the eye-witnesses was also not helpful for the prosecution as the Police Officer who arrested the co-accused stated during his cross-examination that he issued notices to the complainant after arrest of the co-accused to appear at police station for identification of the co-accused---Said witness further stated that complainant and witnesses had identified the co-accused at police station---Said fact alone was sufficient to discard the identification parade held before the Judicial Magistrate---allegation made against the co-accused during the identification parade that he fired in the air at the time of incident was also not supported by any other independent evidence---No empty of pistol was recovered from the place of vardat except the one empty which was alleged against the main accused---No direct motive was assigned against the co-accused for demanding Bhatta from the deceased nor did any of the prosecution witness depose a single word against the co-accused that the co-accused was demanding the Bhatta or at the time of incident he asked the deceased about the Bhatta---Even it was not established from the evidence produced by the prosecution that the co-accused shared his common intention with the main accused---Circumstances established that the prosecution had failed to prove its case against the co-accused beyond shadow of doubt---appeal was allowed and co-accused was acquitted, in circumstances.

ABDUL HAFEEZ alias MUMTAZ KALHORO vs State Ss — 2022 YLRN 49 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported