SAHIB vs State Ss — 2023 MLD 357 KARACHI-HIGH-COURT-SINDH

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SAHIB VS State Ss. 324, 353 & 34---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(1)---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, haraabah---Appreciation of evidence---Benefit of doubt---Prosecution case was that Police Officials patrolling through official motorcycle were confronted by two accused, who directed them to surrender their official motorcycle, then there ensued encounter between the police party and the accused, however, accused were apprehended---Alleged encounter involving extensive firing between the accused and police parties comprising of six personnel, though continued for ten minutes yet nobody from either side sustained even a scratch and the firing was proved ineffective---No damage was alleged to have been caused to motorcycle---Motorcycle, which the accused allegedly attempted to snatch from the police party, was not produced in evidence before the Trial Court---Even the description and colour or making of that motorcycle was not shown anywhere either in the FIR or in the evidence---Weapons namely two T.T. Pistols of .30 bore allegedly recovered from the accused were not sent to the Ballistic Expert to ascertain their working condition---Departure and arrival entries, which would show that the police parties were on patrolling and their return to the police station after the alleged incident, had not been produced in evidence by the prosecution, which adversely reflected upon the prosecution---Accused were reported to have been acquitted by the Trial Court disbelieving the prosecution case in both the cases registered against the accused on the charge of keeping with them the unlicensed T.T. pistols of .30 bore, which were registered against them on the basis of subject mashirnama of arrest and recovery---Circumstances established that the prosecution had failed to prove its case against the accused beyond a reasonable doubt--Appeal against conviction was allowed, in circumstances.

SAHIB vs State Ss — 2023 MLD 357 KARACHI-HIGH-COURT-SINDH

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