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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---Incompetence of police---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---Evidence showed that out of eight accused persons, police was able to apprehend only one person/accused and recovered a .30 bore pistol from him with four live bullets in it---Police party was not able to apprehend any other accused---Said fact showed that it was incompetence of the police party or was there any other reason for showing arrest of only one accused from the place of occurrence---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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