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

Case information

Citation
2023 PCrLJN 47 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
MUZAFFAR HUSSAIN vs State S
Subject matter
Criminal
Provisions referred to
S. 5---

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

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---Contradictions in the statements of witnesses---Effect---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---Police Constable/witness stated in his examination in chief that at the pointation of accused Police Constable dug the earth and secured one plastic shopper containing two bombs---Bomb disposal squad disclosed that bombs were not in working condition---First Information Report, mashirnama of recovery and other documents mentioned only one bomb---Investigating Officer in his cross-examination had stated that the material secured from bombs was available in the market---Police Constable in his cross-examination had stated that Investigating Officer came at Police Station on official vehicle---Said fact had been contradicted by Investigating Officer in his cross-examination by stating that he went to the place of incident in his personal car---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.

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