ABDUL AZIZ alias SADAM vs State Ss — 2023 YLR 1821 QUETTA-HIGH-COURT-BALOCHISTAN

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ABDUL AZIZ alias SADAM VS State Ss. 4 & 5---anti-Terrorism act (XXVII of 1997), S. 7---attempt to cause explosion, or for making or keeping explosive with intent to endanger life or property, making or possessing explosives under suspicious circumstances, act of terrorism---appreciation of evidence---Benefit of doubt---Contradictory evidence on material particulars of the case---Effect---accused was found in possession of 1500 grams explosive substances a primer cord and a detonator tied in a cloth arround his waist---Complainant stated that detonator was destroyed being dangerous, but all the witnesses in such regard were silent---Bomb Disposal Team, as per complainant, who destroyed the detonator was neither examined during the investigation nor produced before the Trial Court---Complainant in his testimony contended that 05 grams of explosive substances was separated for chemical Examination and sealed in parcel No. 1, while recovery witness appeared in witness box produced the said parcel No. 1 and articled the same as said parcel---Contrary to the fact that parcel No. 1 and other parcel No. 2 were sent to Forensic Sciences agency for analysis, the question arose that if both the parcels were sent to analysis, then how recovery witness produced the same before the trial Court, which created doubt in the prosecution story---Head Maharar of Police Station was the witness of safe custody and deposed that recovered explosive sealed parcel were handed over to him, but he did not utter a single word that when he handed over the parcels to the person, who took the same to the Forensic Science agency---Said contradictions on the part of the witnesses, made the prosecution case doubtful---Circumstances established that the prosecution failed to prove its case against the accused beyond any shadow of reasonable doubt---appeal against conviction was allowed, in circumstances.

ABDUL AZIZ alias SADAM vs State Ss — 2023 YLR 1821 QUETTA-HIGH-COURT-BALOCHISTAN

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