FAHEEM ANWAR MEMON vs State Ss — 2024 SCMR 1536 SUPREME-COURT

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FAHEEM ANWAR MEMON VS State Ss. 223 & 225-a---Police officials accused of facilitating escape of under trial prisoners from a court---Reappraisal of evidence---Evidence available on record revealed that with the active connivance of three accused police officials, the escapee Under Trial Prisoners (UTPs) managed their escape after cutting the iron bars/grill of lockup of anti-Terrorism Court situated on the first floor of the Judicial Complex and after shaving their beard and cutting their hair in the washroom of the Court---Overwhelming incriminating evidence proved sharing of common intention and active connivance of three accused with the escapee UTPs in managing and facilitating their escape from confinement---Conviction of accused persons under sections 223 & 225-a, P.P.C. was maintained---Petitions for leave to appeal were dismissed. Citation Name: 2024 SCMR 1536 SUPREME-COURTBookmark this Case FAHEEM ANWAR MEMON VS State Ss. 223 & 225-a---Prison officials accused of facilitating escape of under trial prisoners from a court---Reappraisal of evidence---Record did not reveal any connivance or sharing of common intention by the five accused prison officials with the three convicted police officials and the two escapee Under Trial Prisoners (UTPs) in managing and facilitating their escape---No question arose of negligence or lack of supervision by the prison officials under Pakistan Prisons Rules, 1978---Prosecution had failed to produce definite and concrete evidence to prove the negligence of the prison officials---Petitions were converted into appeal and allowed, and the conviction and sentences recorded against the five accused prison officials were set-aside. Citation Name: 2024 SCMR 1536 SUPREME-COURTBookmark this Case FAHEEM ANWAR MEMON VS State Ss. 223 & 225-a---Negligence of prison officials leading to escape of under trial prisoners---Negligence---Proof---according to settled principles, the factum of negligence can be taken into consideration on the basis of presumption or surrounding circumstances while taking disciplinary action against a public servant but to bring home charge in criminal proceedings against a public servant under sections 223 and 225-a, P.P.C., definite and concrete evidence is required to prove the factum of negligence.

FAHEEM ANWAR MEMON vs State Ss — 2024 SCMR 1536 SUPREME-COURT

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