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ASHIQ ALI alias KAMRAN vs State Ss — 2023 PCrLJN 72 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 72 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
ASHIQ ALI alias KAMRAN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---R; S. 342

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

ASHIQ ALI alias KAMRAN VS State Ss. 4 & 5---anti-Terrorism act (XXVII of 1997), S. 7---Recovery of explosive substance, act of terrorism---appreciation of evidence---Benefit of doubt---Police Official as witnesses---Scope---Prosecution case was that one hand grenade with its pin was recovered from the possession of the accused---No doubt, evidence of the Police Officials could not be discarded simply because they belonged to police force, however, where the fate of the accused persons hinged upon the testimony of Police Officials alone, it was necessary to find out if there would be any possibility of securing independent person at the relevant time---Case being of spy information, it was not difficult for the police to associate a private person of the locality but the Police Officials deliberately avoided---accused in his statement recorded under S. 342, Cr.P.C., had specifically claimed false implication in the case by the law enforcement agencies---In such circumstances, it was unsafe to rely upon the evidence of Police Officials without independent corroboration---Circumstances established that the prosecution had failed to bring home the guilt of accused---appeal against conviction was allowed, in circumstances.

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