PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

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---Ocular account was doubtful---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---Record showed that the flimsiness of the prosecution story could be gauged from the fact that two armed parties were standing against each other at a close distance without any shelter---One party fired at the party and nobody was hit or injured and then the other party also fired at the first party and again nobody was hit or injured---In the evidence of the complainant, who claimed himself to be excellent shooter had fired three rounds from his SMG at the accused persons who were standing in open and not very far away and he was unable to hit any of his target---Even the accused were unable to hit any target or even the police vehicle---Said facts showed only one conclusion that the incident did not take place as alleged by the prosecution at all---Said doubt created in the case of the prosecution was enough to set aside the impugned judgment---although, the police had alleged an encounter with the accused persons and two unknown person; however, complainant had stated in his deposition that he had fired three shots from his SMG---Encounter was stated to have lasted for about two minutes in which only three shots had been fired by the police---Nothing had been brought on record as to how many rounds were fired by other members of the police party as well as by the accused persons on the police party---appeal against conviction was allowed, in circumstances.

Back to the case-law library · Search Pakistani case law in Urdu or English