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ALI HASSAN vs State Ss — 2024 YLR 165 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 165 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
ALI HASSAN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q

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 VS State Ss. 302(b), 324, 109, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Benefit of doubt---Delay in sending the weapon or crime empties for analysis---accused were charged that they made firing upon the complainant party, due to which two persons died whereas two persons sustained firearm injuries---Police secured the empties from the place of the incident on 17.08.2009 and the rifle was allegedly recovered on 24.09.2009 but both were sent to the office of Forensic Division on 06.11.2009---Empties were sent to the office with a delay of about more than 60 days---Crime weapons and empties were sent on 06.11.2009 with a delay of about 40 days---although the report of the Forensic Science Laboratory revealed that the firearm recovered from the accused matched with the crime-empties secured from the place of the incident yet the Investigation Officer had admitted that the crime empties had been sent to the Forensic Science Laboratory when the crime weapon was recovered---In his cross-examination, Investigation Officer admitted that from 17.08.2009 upto 31.08.2009 the empties were under his possession---Same property was sent to the forensic office through letter of SSP investigation---From 24.09.2009 upto 06.11.2009 the recovered crime weapons were under his possession---Said witness could not give explanation for such delay---Such recovery was legally insupportable and had no value in the eyes of law---appeal against conviction was accordingly allowed.

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