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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---C; S. 342---; S. 491; Criminal Procedure Code (V of 1898)

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---Criminal Procedure Code (V of 1898), S. 342---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---Defence plea---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---accused took a special plea in his defence that he was picked up by the police from his home and his father filed a habeas corpus petition under S. 491, Cr.P.C. which was disposed of---Thus, according to the accused, he was picked up by the police from his home and was in police custody when he was falsely shown to have been present at the place of occurrence---Said special plea of the accused was not examined at all by the Trial Court---as per record, the said application was dismissed the very next day, the accused was shown to have been arrested from the place of occurrence---If the version of the accused was accepted i.e. he was picked up from his home, then the entire prosecution case crumbled to the ground---Plea of the accused persons with regard to illegal gratification demanded by police and had held that their plea without proof would have no value in the eyes of law---However, the plea taken by the accused with regard to his illegal arrest from his home, which was duly supported by the order passed the same Presiding Officer in Habeas Corpus Petition filed by his father, was completely ignored---Said fact was unbecoming of a Judicial Officer holding such a high post in the District Judiciary---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal was allowed, in circumstances.

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