SALAHUDDIN vs State Ss — 2023 PCrLJ 1423 KARACHI-HIGH-COURT-SINDH

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SALAHUDDIN VS State Ss. 324, 353, 224, 225 & 35---anti-Terrorism act (XXVII of 1997), S. 7---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, resistance or obstruction by a person to his lawful apprehension, police encounter, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Co-accused acquitted on same set of evidence---Effect---accused were charged for making firing upon the police party when they were taking proclaimed offender; the police retaliated and during the encounter a Police Constable sustained firearm injury---Record showed that the same evidence qua acquitted accused had not been believed by the Trial Court but had been relied upon against present accused persons---There was no perceivable difference in the role ascribed to the acquitted accused and the role alleged against the present accused persons---Only distinction, however, was recovery of firearm weapons from the present accused persons---But, the Forensic Science Laboratory Reports showed that the weapons recovered from the present accused persons did not match with the empties recovered from the spot---From the spot different empties of different bore were recovered but according to the Expert none of them had been opined to have been fired from the weapons recovered from the present accused persons---So when said fact is kept in mind, it would appear that there was no difference at all between the case of acquitted accused and the case of present accused persons---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond any reasonable shadow of doubt---appeal against conviction was allowed, in circumstances.

SALAHUDDIN vs State Ss — 2023 PCrLJ 1423 KARACHI-HIGH-COURT-SINDH

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