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Syed JAWAD ALI vs State Ss — 2023 PCrLJN 42 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 42 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
Syed JAWAD ALI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---R; S. 342

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

Syed JAWAD ALI VS State Ss. 392, 353, 324 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Robbery, assault or criminal force to deter public servant from discharge of his duty, attempt to commit qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Motor bike recovered at the scene belonged to accused---Reliance---Scope---accused was charged that he along with his co-accused robbed mobile phone and cash from complainant and his brother on gun point---accomplice of accused made firing upon police party when police reached there---Police party also made firing in retaliation, as a result of cross firing, said accomplice got injured---Motor bike which was recovered at the scene belonged to the accused---Said recovery was denied by the accused in his S. 342, Cr.P.C. statement---Even if accused did own the motor bike that was not sufficient evidence on its own to convict him for the offences as charged---accused could have even lent the motor bike to someone else even if it did belong to him---Circumstances established that the identification of the accused could not be safely relied upon---appeal against conviction was allowed, in circumstances.

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