MOHIBULLAH alias GANDHGEER vs State Ss — 2024 MLD 525 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 525 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: MOHIBULLAH alias GANDHGEER vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7; 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

MOHIBULLAH alias GANDHGEER VS State Ss. 324, 353 & 460---anti-Terrorism act (XXVII of 1997), S.7(1)(ff), (b) & (h)---Sindh arms act (V of 2013), S.23 (1)(a)---attempt to qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, house-breaking by night and terrorism---appreciation of evidence---Minor contradictions---Technical lapses of Investigating agency / Prosecution---accused persons were convicted by Trial Court and were variously sentenced, maximum upto imprisonment for life---Validity---approach of Court while appreciating evidence should be dynamic and not static---By considering all attending circumstances of the case and evaluating evidence, if Court is satisfied that accused charged has committed crime, it should record conviction, though there may be some technical lapses on the part of Investigating agency / Prosecution---Such lapses must not be prejudicial to accused in fair trial---all prosecution witnesses fully corroborated version of prosecution, who were cross examined at length but their testimonies could not be shaken---accused persons failed to point out any material contradiction from record---Prosecution proved charge against accused persons beyond shadow of reasonable doubt before Trial Court---Evidence on record was property appreciated by Trial Court while recording convictions and sentences to accused persons---High Court maintained conviction and sentence awarded to accused persons by Trial Court---appeal was dismissed, in circumstances.

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