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

Case information

Citation
2024 YLR 1436 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
BASHIR AHMED vs State Ss
Subject matter
Criminal
Provisions referred to
S. 23; S. 7---A; Explosive Substances Act (VI of 1908); Sindh Arms Act (V of 2013); Anti-Terrorism Act (XXVII of 1997)

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

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---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---As regards to the police encounter with sophisticated weapons from both the sides, it was not understandable that not even a scratch had been caused to the police party---On the other hand, two accused persons sustained injuries---Record showed that the incident occurred on 23.12.2015 at 09:30 a.m. at the link road but the Investigation Officer, in his evidence, deposed that at 9:30 a.m. he received directions from SSP regarding the encounter---In order to satisfy the Court, it was duty of the prosecution to produce the record of SSP office regarding communication between SSP and Investigation Officer but official record/entry had also not been produced before the Trial Court---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 YLR

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