SANAULLAH vs State Ss — 2023 PCrLJ 717 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 717 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: SANAULLAH vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---Q

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SANAULLAH VS State Ss. 302(b), 311, 201 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, disappearance of evidence, unlawful assembly, act of terrorism---appreciation of evidence---Benefit of doubt---Circumstantial evidence---Scope---accused was charged for committing murder of two daughters of complainant due to domestic affairs and concealing their dead bodies---Record showed that the only piece of admissible evidence against accused in the case was that he led the police to the grave from where the bodies of the deceased were exhumed, however, accused denied said fact at trial and was supported by the evidence of Head Constable who was one of the mashirs of the pointation of the grave by accused, who was declared hostile by the prosecution---Such evidence of Head Constable created doubt as to whether accused in fact led them to the graves of the deceased---Even otherwise, there was insufficient evidence to prove beyond a reasonable doubt based on the law of circumstantial evidence that accused murdered the deceased---Circumstances established that the prosecution had failed to prove beyond a reasonable doubt that accused committed the murder of the deceased---appeal against conviction was allowed, in circumstances.

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