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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

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---Habitual offender---Scope---Prosecution case was that one hand grenade with its pin was recovered from the possession of the accused---allegedly, accused was involved in other criminal cases, as such, he was habitual offender and therefore, not entitled for any relief, however, mere saying that accused remained involved in criminal cases was not enough---Nothing on record to show that present accused was previously convicted in any such type of cases---Prosecution had failed to establish that the accused was ever convicted in any case registered against him, therefore, he could not be refused relief if otherwise under the law he became entitled for such relief---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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