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MUHAMMAD SADIQUE vs State Ss — 2024 PCrLJ 560 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 560 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
MUHAMMAD SADIQUE vs State Ss
Subject matter
Criminal
Provisions referred to
S. 24---

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

MUHAMMAD SADIQUE VS State Ss. 324, 353, 399, 402, 148 & 149---Sindh arms act (V of 2013), S. 24---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, making preparation for dacoity, assembling for purpose of committing dacoity, rioting armed with deadly weapons, unlawful assembly, possessing unlicensed weapon---appreciation of evidence---Benefit of doubt---Investigation conducted by the complainant police official himself---Propriety---accused were charged for stopping the police mobile for robbing purpose and made straight firing on police party with intention to commit their qatl-i-amd---Police party also fired upon the culprits in their defence, and one accused was apprehended in injured condition---admittedly, complainant was heading the police party during the encounter with the accused persons---Besides, it was complainant who lodged the FIR and had figured as complainant of the case---Despite that complainant himself conducted investigation of the entire case---Such conduct on the part of Police Officials was not appreciated being violative of Police Order (22 of 2002) and Police Rules, 1934---In fact, in such an eventuality, the Investigating Officer who himself was the complainant could not be expected to collect and preserve evidence which would go against his case and that such Investigating Officer could not perform duties like an independent and fair Investigating Officer---Circumstances established that the prosecution had failed to prove the charges 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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