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HIDDOO alias HIDAYATULLAH vs State Ss — 2023 PCrLJN 6 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 6 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
HIDDOO alias HIDAYATULLAH vs State Ss
Subject matter
Criminal
Provisions referred to
S. 25---

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

HIDDOO alias HIDAYATULLAH VS State Ss. 324, 353, 148 & 149---Sindh arms act (V of 2013), S. 25---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, rioting armed with deadly weapon, unlawful assembly, possession of illegal firearm---appreciation of evidence---Benefit of doubt---Ballistic Expert Report---Scope---accused were charged for making firing upon the police party with the intention to kill them when they were asked to surrender, police also made firing in retaliation in defence and arrested one of the accused persons---In the impugned Judgment, much emphasis had been laid on the report of the Ballistic Expert and it had been stated that it corroborated the ocular evidence---However, in what manner it corroborated the ocular evidence had not been mentioned as no member of the police party was injured---In case of injury, the report of Ballistic Expert became crucial as it could connect the accused from whom a weapon had been recovered to show that the bullet causing injury was fired from the weapon of such accused---Examination report of the Ballistic Expert did not connect the accused with the alleged encounter in any manner in view of the doubt surrounding the arrest of the accused from the spot---Examination report was of no help to the prosecution---Complainant had also admitted in his cross-examination that he had not mentioned the number of the pistol as in the Challan the number of the pistol was mentioned as NIL---Ballistic Expert had mentioned the number of the pistol---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

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