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Kosar alias Munna vs State Ss — 2024 MLD 872 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 872 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
Kosar alias Munna vs State Ss
Subject matter
Criminal
Provisions referred to
S. 23; S. 7---Q; S. 103

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

Kosar alias Munna VS State Ss. 302(b), 324, 353 & 34---Sindh arms act (V of 2013), S. 23(1)(a)---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Non-association of private witnesses at the time of arrest and recovery---Inconsequential---Prosecution case was that an encounter took place which resulted into death of one accused and one on duty Police Constable---Fact that S.103, Cr.P.C, was not complied with, based on the particular facts and circumstances of the case and the other available evidence on record, could not be given much significance as it had now virtually been judicially recognized that in such type of criminal cases now a days due to general apathy in the public and fear of reprisals independent people were not willing to act as mashirs and unnecessarily embroil themselves in the legal process which might have repercussions on both them and their family---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt for the offences under P.P.C---appeal against conviction was dismissed, in circumstances.

Other judgments reported in 2024 MLD

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