MOULA BUX alias MOLU vs State Ss — 2023 YLR 270 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 270 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: MOULA BUX alias MOLU vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---Q

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

MOULA BUX alias MOLU VS State Ss. 302, 324, 353, 392, 397 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qanune-Shahadat (10 of 1984), art. 22---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, robbery, robbery or dacoity with attempt to cause death or grievous hurt, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Delay of about six years in conducting the test identification parade---Scope---Prosecution case was that the accused persons snatched mobile phones and cash from the complainant and when police chased them, they made firing upon the police party, due to the firing one Police Constable, one passer by and a child got injured and Police Constable succumbed to injuries---Identification parade where the eye-witness picked out the accused as being one of the robbers who shot the deceased by firearm was held six years after the incident---Due to that long time lapse, the fact that the accused would have only got a fleeting glimpse of an unknown accused and his failure to give any hulia of the accused, thus reliance could not be placed on that eye-witness as having correctly identified the accused as being one of the dacoits who fired on the deceased especially as it was put to him in cross-examination that he was shown the accused before the identification parade who had been in police lock up---Circumstances established that the prosecution had failed to prove its case against the accused---appeal against conviction was allowed, in circumstances.

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