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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---Prosecution case was that one hand grenade with its pin was recovered from the possession of the accused---accused was armed with hand grenade but question was as to why he did not use it when he saw the police party for the purpose to avoid his arrest---after his arrest, the Police Officials brought the accused and the hand-grenade to the police station---Prosecution failed to establish the safe custody of the recovered hand grenade at the police station---Incharge of Bomb Disposal Unit stated that Police Official brought explosive substance to police station, which statement clearly showed that explosive substance was not kept in the police station and was kept somewhere outside the police station---Neither said Police Official nor incharge of the Malkhana had been examined by the prosecution to prove the safe custody of the hand grenade at the police station---Even from the perusal of arrival entry, a single word was not found about keeping the said property in safe custody or anywhere else either it was kept at Malkhana of the police station or was handed over to anybody---Complainant had also failed to produce any extract of the register to prove the custody of the hand grenade at police station---Non-production of any witness concerned with such custody would certainly render the recovery unbelievable and doubtful---accused raised the plea that he was picked up by the Rangers Personnel from his house---Investigating Officer failed to examine such plea during investigation even Trial Court ignored defense evidence without assigning cogent reasons---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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