MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN vs State Ss — 2023 PCrLJN 12 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN VS State Ss. 302, 324 & 34---Explosive Substances Act (VI of 1908), Ss. 3 & 4---Anti-Terrorism Act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, causing explosion likely to endanger life or property, keeping explosive with intent to endanger life or property, act of terrorism---Appreciation of evidence---Benefit of doubt---Withholding material evidence---Scope---Prosecution case was that the accused hurled a bomb/cracker near the gate of Imam Bargah which exploded in result of which thirty two persons received explosive injuries out of them one person succumbed to injuries---According to the evidence of complainant, he and two other persons were all eye-witnesses who were called to the court for identification parade---One of the eye-witnesses appeared for the identification parade however he did not give evidence while other eye-witness was listed as a PW but was given up by the prosecution which led to the inference that he would not have supported the prosecution case under Art. 129(g) Qanun-e-Shahadat, 1984 in terms of the identification of the accused---Circumstances established that the prosecution had not proved its case against the accused beyond shadow of doubt---Appeal against conviction was allowed accordingly.

MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN vs State Ss — 2023 PCrLJN 12 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported