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)---Qanun-e-Shahadat (10 of 1984), art. 129(g)---Qatl-i-amd, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Benefit of doubt---Withholding evidence of best witness---Effect---accused were charged for committing murder of brother of complainant and his friend by firing---Prosecution case was that the Police Officer was informed by one Mr. "B" through cell phone at Police Station that two unknown persons on motorcycle fired upon a car, silver colour, at a college main gate,and as a result thereof two persons sustained bullet injuries and died---However, neither in the prosecution story the details/address and cell number of said Mr. "B" had been given nor said Mr. "B" had been cited or produced before the trial Court for recording of his evidence---Thus, the best evidence withheld by prosecution itself made the case highly doubtful with regard to the identity of the accused persons/culprits and such factum indicated that it was an unseen incident---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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