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RAHEEL vs State Ss — 2024 PCrLJ 121 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 121 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
RAHEEL vs State Ss
Subject matter
Criminal
Provisions referred to
S. 23; S. 7---Q

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

RAHEEL VS State Ss. 302(b), 324, 353, 186 & 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 and criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, common intention, possession of unlicensed arms, act of terrorism---appreciation of evidence---Benefit of doubt---Recovery of pistol from the possession of the accused---Reliance---Scope---accused being suspected persons were signalled to stop by the police, but they made firing upon the police with the intention to commit their murder, due to which a Police Constable died while an aSI sustained injuries---Recovery of the pistol from the accused could have easily been foisted on him by the police as claimed by the accused especially as he was not arrested on the spot and there was no independent mashir---High Court observed that it did not appeal to logic, common sense and reason that a person who had shot dead a police man and injured another by firearm or had been involved in the firing in such incident would have retained the pistol and kept it on his person for three months---Being such a cold bloodied killer despite having an unlicensed firearm on him he would stop at the police's signal and allowed himself to be searched rather than opened fire on the police or at least attempted to make his escape good on his motor bike---Recovery of the pistol from the accused on his arrest was doubtful and as such the recovered empties and Forensic Science Laboratory Report were of no relevance---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 PCRLJ

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