BASHIR AHMED vs State Ss — 2024 YLR 1436 KARACHI-HIGH-COURT-SINDH

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BASHIR AHMED VS State Ss. 324, 353, 399, 402, 147 & 149---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Sindh Arms Act (V of 2013), S. 23(i)---Anti-Terrorism Act (XXVII of 1997), S. 7---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, unlawful assembly, making or possessing explosives under suspicious circumstances, possessing unlicensed weapon, act of terrorism---Appreciation of evidence---Benefit of doubt--- Non-association of private witness during the arrest of accused and recovery proceedings---Accused were charged for making murderous assault on the police party by firing, and when the accused were directed to surrender, police also made firing in retaliation, due to which two accused were injured---Prosecution case was based upon spy information and the police party had sufficient time to call independent and respectable persons of locality to witness the incident but Investigation Officer avoided the same without assigning sound reasons---Moreover, according to case of prosecution, incident had occurred at a link road; it was day time and there were possibility of presence of private persons but no private witness had been examined by prosecution---Moreover, it was a matter of record that incident occurred on 23.12.2015 at 09:30 a.m. at link road---Possibility of the private persons passing through the link road could not be excluded---Nothing was on record that Investigation Officer made efforts to call independent persons passing through the link road at the relevant time---Prosecution was bound to establish its case against the accused persons beyond any shadow of reasonable doubt by producing trustworthy evidence but in this case prosecution utterly failed to do so---Appeal against conviction was allowed, in circumstances.

BASHIR AHMED vs State Ss — 2024 YLR 1436 KARACHI-HIGH-COURT-SINDH

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