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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

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)---Qatl-i-amd, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Benefit of doubt---Police Officials as witnesses---accused were charged for committing murder of brother of complainant and his friend by firing---Record showed that departure entry of police not produced before the Trial Court---Non-production of such entry would be fatal to prosecution case---Crime weapon(s) had also not been sent for Forensic Science Laboratory---Thus, it would be unsafe to rely upon the evidence of Police Officials without independent corroboration which was lacking in the case---Hence, no sobriety could be attached to the prosecution case as well as the deposition of prosecution witnesses---admittedly, arrival and departure entries had not been produced by the prosecution---Thus, no reliance could be placed upon the evidence of the prosecution witnesses without independent corroboration which was lacking in this case---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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