MUHAMMAD ISMAIL DAHRI vs State Ss — 2022 YLRN 91 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ISMAIL DAHRI VS State Ss. 4 & 5---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), Ss. 23(1)(a) & 34---Keeping explosive with intent to endanger life or property, making or possessing explosives under suspicious circumstances, act of terrorism, possessing illicit weapon---appreciation of evidence---Benefit of doubt---Prosecution case was that five Kalashnikovs with magazines, one pistol with magazine, six air craft gun shells were recovered from accused---Record showed that raid was conducted by police party along with rangers but no one from the side of rangers had been cited as a witness of the alleged incident---No reason whatsoever in that regard had been furnished by the prosecution---Raid was conducted in the night time at about 09:30 p.m. and it was surprising to note that door of Otaq was opened and weapons were lying on a table openly and the accused was sitting on a chair beside the weapons---Said aspect of the case did not appeal to a prudent mind that in night time particularly in a village, the door of Otaq was opened and weapons were openly lying on a table---Notably no resistance whatsoever had been made from the accused side---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of reasonable doubt---appeal against conviction was allowed, in circumstances

MUHAMMAD ISMAIL DAHRI vs State Ss — 2022 YLRN 91 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported