SHER MUHAMMAD vs ANTI-TERRORISM COURT NO — 2023 YLR 541 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 541 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: SHER MUHAMMAD vs ANTI-TERRORISM COURT NO
Subject matter: Criminal
Provisions referred to: S. 23; S. 7---

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

SHER MUHAMMAD VS ANTI-TERRORISM COURT NO.IV, KARACHI DIVISION Ss. 324, 353, 384, 385, 386 & 34---Sindh arms act (V of 2013), S.23(1)(a)---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 duty, extortion, putting a person in fear of injury in order to commit extortion, extortion by putting a person in fear of death or grievous hurt, common intention, possessing illicit arms, act of terrorism---appreciation of evidence---Minor contradictions--- Scope---Prosecution case was that the accused demanded extortion money from complainant and his father, issued threats of dire consequences to them, police tried to apprehend them when they reached for collecting extortion money, on seeing police, accused made firing upon police, in retaliation police also made firing, due to which accused persons were hit and fell down and were apprehended---all the witnesses were consistent in their evidence and even if there were some contradictions in their evidence, same were considered as minor in nature and not material and certainly not of such materiality so as to effect the prosecution case/evidence and the conviction of the accused---Circumstances established that the prosecution had proved its case against the accused, however the offences did not fall within the purview of the anti-Terrorism act as such accused was acquitted of the offences under the anti-Terrorism act---appeal was dismissed by maintaining the convictions and sentences with regard to the non-anti-Terrorism act offences so charged.

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