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

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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---Ocular account not supported by medical evidence---accused were charged that they made firing upon the complainant party, due to which two persons died whereas two persons sustained firearm injuries---accused was arrested on 08.09.2009 and a further statement of the complainant was recorded on 24.09.2009 after about 16 days of the arrest of the accused even then no role was assigned against the accused by the complainant---Evidence of the complainant and the eye-witnesses was recorded on 02.05.2012, 09.05.2012 and 18.10.2012 after about three years wherein they changed/improved the case by leveling direct role against the accused that he fired from his rifle which hit deceased on his knee---Perusal of the medical evidence made it clear that there was no firearm injury on the knee of deceased for which the accused was allegedly involved after about three years of the incident, however, the injuries on the right thigh had been attributed by the complainant and the witnesses against the co-accused which reflected that the complainant and the witnesses improved their case by taking benefit of two injuries on the right thigh of the deceased and to bring it with the conformity with the medical evidence but they did not think about that what they had already stated---Such improvement made the case of prosecution doubtful---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of any doubt---appeal against conviction was accordingly allowed.

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

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