UMED ALI alias UMEDO NAREJO vs State Ss — 2024 MLD 546 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 546 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: UMED ALI alias UMEDO NAREJO vs State Ss
Subject matter: Criminal
Provisions referred to: 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

UMED ALI alias UMEDO NAREJO VS State Ss. 324, 353, 148 & 149---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, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Benefit of doubt---Defective investigation---accused were charged for making firing upon police party, due to which one Police Constable sustained firearm injury---In the present case, investigation should have been conducted by some other agency---Standard of proof in this case should have been far higher as compared to any other criminal case when according to the prosecution it was a case of police encounter---Thus, it was desirable and even imperative that it should have been investigated by some other agency---Police could not be investigators of its own cause---Investigation which was woefully lacking independent character could not be made basis for conviction, when it was riddled with many lacunas and loopholes, apart from the afterthoughts and improvements---Moreover, it would not be in accord of safe administration of justice to maintain the conviction and sentence of the accused in the circumstances of the case---appeal was allowed, in circumstances.

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