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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---C; S. 103---R; 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

ASHIQ ALI alias KAMRAN VS State Ss. 4 & 5---anti-Terrorism act (XXVII of 1997), S. 7---Criminal Procedure Code (V of 1898), S. 103---Recovery of explosive substance, act of terrorism---appreciation of evidence---Benefit of doubt---Recovery---Non-association of private person---Scope---Prosecution case was that one hand grenade with its pin was recovered from the possession of the accused---Perusal of record transpired that spy information was received by complainant near a Hotel, but no plausible explanation was offered by the prosecution why police did not associate any independent person from the place of information to witness the arrest and recovery proceedings---Investigating Officer had also failed to interrogate the accused that as to with what intention he was carrying such explosive substance---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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