ABDULLAH vs State Ss — 2024 MLD 134 KARACHI-HIGH-COURT-SINDH

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ABDULLAH VS State Ss. 324, 353, 186 & 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, obstructing public servant in discharge of public functions, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Minor contradictions---Inconsequential---Prosecution case was that an encounter took place between the police and four assailants, due to which, one of the accused received a firearm injury on his left shoulder---In the present case, the allegations accused persons "F" & "Y" were that they had actively participated in the attack on the police party and they were arrested on the spot and police recovered a .30 bore pistol each from their possession---Evidence of all the witnesses was consistent on all material particulars of the case---although there were minor contradictions in the evidence of the witnesses, the same were not material and certainly not of such materiality so as to affect the prosecution case---Defence could not point out any material discrepancy in the evidence of the eye-witnesses besides the few minor ones like the registration number of the police mobile which appeared as a typographical error and found proper mentioning in the letter sent to the Forensic Science Laboratory Examiner---Circumstances established that the prosecution succeeded in proving its case against the said accused under S. 353, P.P.C, therefore, conviction of said accused persons under S. 353, P.P.C and under S. 23(1)(a) of the Sindh arms act, 2013 were maintained with modification in the sentence awarded to them which was converted to one already undergone by them, whereas the remaining convictions were set aside.

ABDULLAH vs State Ss — 2024 MLD 134 KARACHI-HIGH-COURT-SINDH

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