Liaquat Ali alias Liaquat vs State Ss — 2024 MLD 670 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 670 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: Liaquat Ali alias Liaquat vs State Ss
Subject matter: Criminal

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

Liaquat Ali alias Liaquat VS State Ss. 395, 324, 353 & 412---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Dacoity, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, dishonestly receiving stolen property---Appreciation of evidence---Withholding material evidence---Non-examination of informer and police witness---Accused were charged for snatching a tractor from its driver and driving it away; and after police party pursued them, the accused made firing upon them---Record showed that first information was given to the police by one Mr. "I" that his Tractor had been snatched by three unknown armed persons---Said informer had not been examined by the prosecution at the trial---However, it was a case of spy information, and SHO had sufficient time to call independent and responsible persons of the locality but he avoided doing the same---Case of the prosecution was that at the time of encounter, accused persons were identified by a Police Constable but said Police Constable had not been examined by the prosecution at the trial---Non-examination of informer and Police Constable was fatal to the prosecution---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of any doubt---Appeal against conviction was accordingly allowed.

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