Syed AIJAZ ALI SHAH QADRI vs State Ss — 2023 YLR 780 KARACHI-HIGH-COURT-SINDH

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Syed AIJAZ ALI SHAH QADRI VS State Ss. 302, 324, 353, 186, 332, 109 & 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, obstructing public servant in discharge of public functions, hurt, abetment, common intention, act of terrorism---appreciation of evidence---Medical evidence---Scope---accused was charged that he along with his co-accused made indiscriminate firing upon Police Party, as a result of which two Police Officials were killed at the spot, while one sustained fire arm injury, however, police party also retaliated in self-defence--- With no eye-witness evidence to the murders the medical evidence became inconsequential as it could only reveal how the deceased died, what kind of weapon was used and the seat of the injuries---Medical evidence could not identify the person who inflicted the injuries---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 780 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed AIJAZ ALI SHAH QADRI VS State Benefit of doubt---Principle---Prosecution must prove its case against the accused beyond a reasonable doubt---Benefit of doubt will go to the accused by way of right as opposed to concession. Citation Name: 2023 YLR 780 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed AIJAZ ALI SHAH QADRI VS State Ss. 302, 324, 353, 186, 332, 109 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qanun-e-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, obstructing public servant in discharge of public functions, hurt, abetment, common intention, act of terrorism---appreciation of evidence---Delay in conducting the test identification parade---Scope---accused was charged that he along with his co-accused made indiscriminate firing upon Police Party, as a result of which two Police Officials were killed at the spot, while one sustained fire arm injury, however, police party also retaliated in self-defence---In the present case, the eye-witnesses would not have been able to correctly, safely and reliably identify the accused after a lapse of seven and thirteen years respectively of the incident---Conduct of the identification parade became inconsequential, in circumstances---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 780 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed AIJAZ ALI SHAH QADRI VS State Ss. 302, 324, 353, 186, 332, 109 & 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, obstructing public servant in discharge of public functions, hurt, abetment, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Scope---accused was charged that he along with his co-accused made indiscriminate firing upon Police Party, as a result of which two Police Officials were killed at the spot, while one sustained fire arm injury, however, police party also retaliated in self-defence---Challan was filed in "a" class one year after the incident---In that challan none of the (so-called) independent eye-witnesses were mentioned which casted doubt on how and why the (so called) independent eye-witnesses popped up a number of years later to appear before an identification parade of the accused especially as even in their own evidence they did not say that they recorded their S.161, Cr.P.C. statements on the spot but only apparently gave their names and contact details to the police---Names of said witnesses were also not mentioned in the FIR---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 780 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed AIJAZ ALI SHAH QADRI VS State Ss. 302, 324, 353, 186, 332, 109 & 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, obstructing public servant in discharge of public functions, hurt, abetment, common intention, act of terrorism---appreciation of evidence---First Information Report lodged with promptitude---Scope---accused was charged that he along with his co-accused made indiscriminate firing upon Police Party, as a result of which two Police Officials were killed at the spot, while one sustained fire arm injury, however, police party also retaliated in self-defence---First Information Report was registered with promptitude by the complainant who was present at the time of the incident which left no time for the police to cook up a false case against the accused---Had the complainant wanted to falsely implicate the accused he could have named him in the FIR---Instead the FIR was against unknown terrorists--- Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 780 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed AIJAZ ALI SHAH QADRI VS State Ss. 302, 324, 353, 186, 332, 109 & 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, obstructing public servant in discharge of public functions, hurt, abetment, common intention, act of terrorism---appreciation of evidence---Confession before police---Scope---accused was charged that he along with his co-accused made indiscriminate firing upon Police Party, as a result of which two Police Officials were killed at the spot, while one sustained fire arm injury, however, police party also retaliated in self-defence---Record showed that the accused confessed the offence whilst in police custody---Confessions before the police were inadmissible in evidence---No reliance could be placed on such confession---Even otherwise, it did not appeal to logic, reason or commonsense that a person behind bars against whom there was no evidence would confess to an offence which carried the death penalty---Confession of accused was also not recorded before a Magistrate despite the accused being taken before a Magistrate for an identification parade---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 780 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed AIJAZ ALI SHAH QADRI VS State Ss. 302, 324, 353, 186, 332, 109 & 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, obstructing public servant in discharge of public functions, hurt, abetment, common intention, act of terrorism---appreciation of evidence---Recovery of car and crime empty---Scope---accused was charged that he along with his co-accused made indiscriminate firing upon Police Party, as a result of which two Police Officials were killed at the spot, while one sustained fire arm injury, however, police party also retaliated in self-defence---accused taking the police to the place of wardat where the car was abandoned was irrelevant as the police already knew where the place of wardat was and had already found the abandoned car and there was no evidence to link the accused to the abandoned car---No weapon was recovered from the accused as such the recovery of any empties at the crime scene and any Forensic Science Laboratory Report was irrelevant and did not connect the accused to the commission of the offence---Prosecution was not able to correctly and safely identify the accused as one of the persons who fired on the police party and murdered the deceased---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

Syed AIJAZ ALI SHAH QADRI vs State Ss — 2023 YLR 780 KARACHI-HIGH-COURT-SINDH

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