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---Contradictions in the statements of witnesses---Scope---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---There were material contradictions in the evidence led by the prosecution, as Head Constable/witness, heading the second party allegedly participated in the alleged encounter, stated that accused were not seen by him while making fires---Said witness further stated that some persons from neighbour came on firing but complainant deposed that no private person or Chowkidar responded to that firing from neighbourhood---Complainant had stated that he secured four empties of T.T. pistols but Head Constable/witness had stated that five empties of T.T. pistols were secured from the place of incident---Complainant had stated that he did not make effort to act as mashir whereas Head Constable/witness had stated that the complainant made effort to call private person to act as mashir---Complainant had stated that they had seen accused jointly from ten steps away whereas other witness had stated that he had seen the accused from about forty steps away---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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