RUSTAM ALI SHAR vs State S — 2024 PCrLJ 68 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 PCrLJ 68 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: PCRLJ
Parties: RUSTAM ALI SHAR vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 23

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

RUSTAM ALI SHAR VS State S. 302(b)---Sindh arms act (V of 2013), S. 23(1)(a)---Qatl-i-amd, possession of illicit arms---appreciation of evidence---Benefit of doubt---Infirmities---accused was charged for committing murder of his wife on the pretext of kari---It was not believable that the accused was waiting for the police to kill his wife---Prosecution story, on close scrutiny, appeared to be unnatural---as per prosecution case police party had left police station vide Roznamcha entry No.2 at 07.10 a.m., but there was overwriting in the entry number---Prosecution failed to furnish any explanation---Police (aSI), who was head of the police party, had deposed that accused was previously known to him, but he had been contradicted by Police Constable, who stated that aSI had enquired name from the accused after the incident---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of any doubt---appeal against conviction was accordingly allowed.

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