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

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

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---accused was charged that he and co-accused robbed mobile phone and cash from complainant and his brother on gun point---accomplice of accused made firing upon police when police reached there---Police party also made firing in retaliation, as a result of cross firing, said accomplice got injured---Record showed that accused was not arrested on the spot and made his escape good---Incident took place during night time and no source of light had come in evidence---Police witnesses who allegedly identified the accused were told by the Investigating Officer that he was the person who committed the crime---Such was no identification of accused at all and was based on hearsay---Witnesses who were robbed by the accused and his accomplice could not recognize the accused in court---accused was unknown to the witnesses and they only got a fleeting glance of him---No identification parade was held for unexplained reasons---Said facts suggested that the identification of the accused as revealed by Police witnesses could not be relied upon---Record transpired that there was no evidence as to when and from where and by whom the accused was arrested---No memo of arrest of accused had been exhibited---No recovery was made from the accused at the time of arrest---appeal against conviction was allowed, in circumstances.

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

Case information

Judgment text as reported