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Ali Hassan Magsi alias Akbar vs State Ss — 2024 PCrLJ 918 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 918 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
Ali Hassan Magsi alias Akbar vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---S; 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

Ali Hassan Magsi alias Akbar VS State Ss. 302(b), 392, 397 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---Qatl-i-amd, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Delay of two days in lodging the FIR explained---accused were charged for committing murder of two friends of the complainant by firing during robbery--- First Information Report was lodged after a delay of two days---Reason for the delay in lodging the FIR was that the injured had to be shifted to hospital whereupon they died, then post mortem had to be carried out before the bodies were released for burial in "G" which was at a considerable distance from "K" and after the funeral the FIR was lodged---as such the delay in lodging the FIR had been explained---Importantly the FIR was against unknown persons and as such there was no attempt to falsely implicate the accused or any other person or else the accused would have been specifically named in the FIR---Furthermore, the complainant had no enmity with the accused and had no reason to falsely implicate them and as such the delay in lodging the FIR was not fatal to the prosecution case as the delay had been explained---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt except the offences under anti-Terrorism act, 1997 thus the sentences under anti-Terrorism act were set-aside---appeal against conviction was dismissed with modification in sentence.

Other judgments reported in 2024 PCRLJ

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