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MOHAMMAD DANISH REHMANI vs State Ss — 2024 MLD 474 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 474 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
MOHAMMAD DANISH REHMANI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---S; S. 23

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

MOHAMMAD DANISH REHMANI VS State Ss.302, 119, 109 & 34---anti-Terrorism act (XXVII of 1997), S.7---Sindh arms act (V of 2013), S. 23(1)(a)---Qatl-i-amd, public servant concealing design to commit offence, abetment, common intention, act of terrorism---appreciation of evidence---Recovery of weapon of offence on the pointation of accused---Inconsequential---Probablity of weapon falsely foisted upon accused---accused was charged for committing murder of the brother of the complainant by firing---Record showed that a pistol was recovered on the pointation of the accused which was denied by eye-witness---Prosecution did not even produce positive Forensic Science Laboratory Report to match the pistol with the empties found at the scene---Conveniently, the police did not even take the statements of two witnesses who were with the accused at the time of the shooting and were very vital witnesses---Whole prosecution story was full of holes and did not ring true---Evidence of one of the mashirs of the recovered pistol appeared to be wholly unreliable and the aspect of the pistol being foisted on the accused by the police could not be ruled out---Circumstances established that the prosecution had not proved its case against the accused beyond shadow of doubt---appeal against conviction was allowed accordingly.

Other judgments reported in 2024 MLD

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