Ramesh Kumar vs State Ss — 2024 MLD 608 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 608 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: Ramesh Kumar vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---R

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

Ramesh Kumar VS State Ss. 4 & 5---anti-Terrorism act (XXVII of 1997), S. 7---Recovery of explosive substance, act of terrorism---appreciation of evidence---Benefit of doubt---Safe custody of the explosive substance not established---Effect---Prosecution case was that recovered hand grenades were handed over to the In-charge Malkhana of the Police Station---SHO (head of raiding party) had failed to produce entry of Malkhana to satisfy the Court that in fact he had kept hand grenades at the Malkhana in safe custody---Explosive substance was sent to the expert after 03 days without explaining the delay---Record reflected that hand grenades were handed over to one aSI, who had also not been examined by the prosecution---There was clear overwriting in the date mentioned in the Clearance Certificate produced (duly exhibited) by the prosecution, and for the overwriting in date no explanation had been submitted---Prosecution had failed to establish safe custody of the explosive substance at police station and its safe transmission to the expert---Circumstances established that the prosecution had failed to bring home the guilt of accused---appeal against conviction was allowed, in circumstances.

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