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---Criminal Procedure Code (V of 1898), S. 342---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---Examination of accused---Scope---Prosecution case was that five Kalashnikovs with magazines, one pistol with magazine, six air craft gun shells were recovered from accused---Every incriminating piece of evidence must be put to the accused while recording his statement under S.342, Cr.P.C.---In the present case, no question with regard to weapons allegedly recovered from the possession of accused whether the same were licensed or unlicensed and also whether the same were sent to Forensic Science Laboratory for examination and its report had been asked from the accused while recording his statement under S.342, Cr.P.C.---Statement of accused recorded under S.342, Cr.P.C., did not bear the certificate of the trial judge in his own hand which was mandatory requirement under S.364, Cr.P.C., thus the same was illegality---Said defect was not curable under S.537, Cr.P.C.---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