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Syed MUHAMMAD ASIF RAEES vs State Ss — 2024 PCrLJ 284 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 284 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
Syed MUHAMMAD ASIF RAEES 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

Syed MUHAMMAD ASIF RAEES VS State Ss. 302(b), 109 & 34---Sindh arms act (V of 2013), S. 23(1)(a)---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, abetment, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Delay of three months in recording statement of eye-witness---accused was charged for committing murder of the father-in-law of the complainant by firing---Eye-witness came to the Police Station to introduce himself as an eye-witness three months after the incident without giving any reason at all as to why he did not come forward on day one---Thus, such unexplained delay of three months in recording the eye-witness's statement was fatal to the prosecution case---Despite keeping quiet as an eye-witness immediately after the incident the eye-witness miraculously decided to come forward three months after the arrest of the accused---Up to that time there was no evidence of the accused being involved in the murder of the deceased and the case had even been disposed of in "a" class with no eye-witness named---Said eye-witness showing up out of the blue three months after the arrest of the accused was not believable---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of reasonable doubt---appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 PCRLJ

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