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

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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---Delay of nine days in sending the recovered weapon for analysis---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---Perusal of the examination report of the Forensic Expert revealed that the alleged weapon was received by the Forensic Science Laboratory after nine days---No explanation for the delay of nine days in dispatching the weapon to the Laboratory had been furnished---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.

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

Case information

Judgment text as reported