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Anwar Faheem alias Anoo alias Zeeshan vs State Ss — 2024 MLD 762 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 762 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
Anwar Faheem alias Anoo alias Zeeshan vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---P; S. 13; S. 13-D

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

Anwar Faheem alias Anoo alias Zeeshan VS State Ss. 302(b) & 34---anti-Terrorism act (XXVII of 1997), S. 7---Pakistan arms Ordinance (XX of 1965), S. 13(d)---Qanun-e-Shahadat (10 of 1984), arts. 38 & 39---Qatl-i-amd, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Benefit of doubt---admission of accused before the police---Not admissible in evidence---accused were charged for committing murder of brother of complainant and his friend by firing---Prosecution case was that the accused was arrested on 06.10.2011 in another FIR, registered under S. 13-D of Pakistan arms Ordinance, 1965 and other accused was arrested on 07.10.2011 in some other FIR, registered under Ss.365/302/34, P.P.C. and during investigation of such FIRs, they allegedly disclosed that they committed murder of deceased and his friend along with their other accomplices and then the police implicated them in the present case---Important to note that after the admission of the accused before the Police Officials, the concerned Police Officials did not produce them before the concerned/nearest Judicial Magistrate/Civil Judge for recording their statements under section 164, Cr. P.C., in respect of the offence in hand---admitted position that admission of the accused before Police Official had no evidentiary value under arts. 38 & 39 of the Qanun-e-Shahadat, 1984---Even otherwise, such admission was not supported from other independent sources of circumstantial evidence---Thus, it seemed that the case in hand was of no evidence against the accused---Circumstances established that the prosecution had failed to prove its case against the accused persons---appeal against conviction was allowed, in circumstances.

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