SADORO MIRBAHAR vs State Ss — 2024 PCrLJ 632 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

SADORO MIRBAHAR VS State Ss. 302(b), 324, 353, 337-F(iii), 337-H(2) & 34---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, mutalahimah, rash or negligent act endanger to human life or the personal safety of other, common intention, act of terrorism---appreciation of evidence---Minor contradictions in evidence of witnesses---Inconsequential---Prosecution case was that an encounter took place between police and accused persons after the accused persons were escaping after committing the murder of son of complainant due to refusal of payment of extortion money, whereas a Police Constable also died and a Head Constable along with a passerby sustained firearm injury---Evidence of all the prosecution witnesses was consistent on all material particulars of the case, although there were minor contradictions in the evidence of the witnesses, but the same were not material and certainly not of such materiality so as to affect the prosecution case---Such variations might well be due to lapse of memory or confusion caused in his mind by a relentless cross-examiner or due to lapse of time---Every contradiction could not take place of a material contradiction and, therefore, minor contradictions, inconsistencies or insignificant embellishments did not affect the core of the prosecution case and would not be taken to be a ground to reject the prosecution evidence---Defence could not point out any material discrepancy in the evidence of the eye-witnesses besides the few minor ones---Circumstances established that the prosecution had succeeded in proving its case against the accused beyond shadow of doubt---appeal against conviction was dismissed accordingly.

SADORO MIRBAHAR vs State Ss — 2024 PCrLJ 632 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2024 PCRLJ