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---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---Non-production of departure entry---Effect---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 passerby and a child got injured and Police Constable succumbed to injuries---No departure entry was ever produced for the deceased who was in plain clothes as opposed to police uniform and eye-witness who was also a police man and no evidence was produced that they were on duty or had been issued arms and ammunition---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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