WAHAJ ALI vs State Ss — 2023 YLR 1293 KARACHI-HIGH-COURT-SINDH

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WAHAJ ALI VS State Ss. 324, 353, 427 & 34---anti-Terrorism act (XXVII of 1997), S. 7---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his public duty, mischief causing damage to amount of fifty rupees, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Prosecution case was that when the accused were signalled to stop, one of the accused made firing upon police party, due to which two Police Officials sustained injuries---Record showed that the incident took place at night time i.e. 08.30 pm and no source of light was mentioned in the FIR---Sudden encounter took place in the spur of the moment, wherein the accused resorted to firing and fled away from the crime scene immediately thereafter by causing injuries to two Police Constables---admittedly, no roznamcha entry or departure or arrival was produced/exhibited in the evidence---Said lapse on the part of the prosecution cut the roots of the prosecution and also the prosecution case---Incident in which two Police Constables were shot but not a single police mobile chased the culprits, which also created doubt in a prudent mind regarding the mode and manner of the occurrence as alleged in the FIR---accused, though, were interrogated by the police but neither crime weapon nor the motorcycle used in the commission of crime could be recovered by the police---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 1293 KARACHI-HIGH-COURT-SINDHBookmark this Case WAHAJ ALI VS State Benefit of doubt---Principle---Benefit of all favourable circumstances in the prosecution evidence must go to the accused regardless of whether he had taken any such plea or not. Citation Name: 2023 YLR 1293 KARACHI-HIGH-COURT-SINDHBookmark this Case WAHAJ ALI VS State Ss. 324, 353, 427 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), art.22---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his public duty, mischief causing damage to amount of fifty rupees, common intention, act of terrorism---appreciation of evidence---Test identification parade---Scope---Prosecution case was that when accused were signalled to stop, one of the accused made firing upon police party, due to which two Police Officials sustained injuries---In the present case, the only piece of evidence on which the prosecution relied upon was the identification parade conducted before the Judicial Magistrate, where the accused were identified by the injured witnesses---Such identification of the accused in the test identification parade was laconic, besides being the weakest piece of evidence---Said identification parade lost its judicial efficacy because the complexion, height, weight and features etc. of the accused were not given in the report---Reason being that a brief assault during the night would certainly leave a little space for the witnesses to meticulously capture details thereof, particularly descriptive features of the assailants in the absence of a source of light conspicuously missing in the crime report---Identification test in the absence of description of the accused in the FIR was of no value---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

WAHAJ ALI vs State Ss — 2023 YLR 1293 KARACHI-HIGH-COURT-SINDH

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