AIJAZ ALI vs State Ss — 2023 PCrLJN 49 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.

AIJAZ ALI VS State Ss. 302, 311 & 201---Qatl-i-amd, tazir after waiver or compounding of right to qisas in qatl-i-amd, disappearance of evidence---Appreciation of evidence---Benefit of doubt---Ocular and medical evidence---Contradictions---Accused was charged for committing murder of her wife and then throwing her in the canal---Story narrated by the Police Officials that during patrolling they received spy information that accused was committing murder of his wife by way of strangulation at the canal did not appeal to reason as to how a person would bring his wife on motorcycle to the canal for committing her murder in presence of the Police Officials---Said aspect of the prosecution case did not appeal to reason---Police could not establish that on receipt of spy information he along with subordinate staff went to the place of occurrence, in the normal course police party was not supposed to be present at the place of incident---Police officials had failed to offer cogent, convincing and believable explanation justifying their presence at canal---Police Officials had deposed that they had seen the accused who pulled the lady and threw her into the river but police could not rescue her as no one knew the swimming---Police Official/witness had deposed that they reached at Inspection Path of canal and saw that one person was throwing one female into the canal---Both the Police Officials had deposed that police had received information that the present accused was throttling a female at Inspection Path---Ocular evidence was contradictory to the medical evidence; in the case of strangulation, normally the death occurred instantaneously, but in the present case, the probable time as per Medical Officer that elapsed between death and injury was 1.1/2 hour---Said fact clearly showed that Police Officials had not witnessed the incident, otherwise Police Officials were bound to rescue the deceased---Circumstances established that the prosecution had failed to prove its case beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

AIJAZ ALI vs State Ss — 2023 PCrLJN 49 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported