MUZAFFAR HUSSAIN vs State S — 2023 PCrLJN 47 KARACHI-HIGH-COURT-SINDH

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MUZAFFAR HUSSAIN VS State S. 5---anti-Terrorism act (XXVII of 1997), Ss. 6 & 7---Making or possessing explosives under suspicious circumstances, act of terrorism---appreciation of evidence---Benefit of doubt--- Evidence of Police Officials---Scope---Prosecution case was that during interrogation of another criminal case, the accused disclosed that he had hidden one country made bomb behind the wall outside his house for blast and then he volunteered to produce the same before complainant party---Evidence of Police Officials was as good as that of a private person, however, in a case of recovery of one country made bomb/arms and ammunitions where the fate of an accused person hinged upon the testimony of Police Officials alone, it was essential to find out if there was any possibility of securing independent persons at the time of recovery---Conviction or acquittal of accused person depended upon the credibility of the witnesses as assessed by the court but where it was possible for the Police Officials to call independent witnesses to act as mashir but they deliberately avoided, the court had to be very careful in weighing such evidence---Circumstances established that Trial Court acted erroneously in the matter, with misconception and misinterpretation and disposed of the matter purely on non-appreciation and non-application of the required norms of law and justice---appeal against conviction was allowed, in circumstances.

MUZAFFAR HUSSAIN vs State S — 2023 PCrLJN 47 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported