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

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

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---Recovery of weapon of offence on the pointation of accused---Doubtful---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 at the time of arrest nothing was recovered from his possession---However, after about 16 days of his arrest on 24.09.2009, during interrogation accused agreed to hand over the weapon and the police party took him to the place where the weapon was concealed and the accused took it out and handed it over to the police---Prosecution in order to prove recovery of crime weapons examined the complainant of the arms case who in his cross-examination stated that he prepared the memo at the place of recovery, checked the crime weapons there and also sealed the same at the place of recovery---Mashir of recovery stated in his cross-examination that the memo was prepared by complainant at the place where his car was stopped---Complainant also admitted that there was a distance between the place of recovery and the place where the car was parked, however, he was unable to disclose such distance---Complainant also stated that he sealed the weapons but the mashir stated that complainant was writing the memos and the weapons were sealed by the constables---all the said contradictions in the evidence of witnesses made the recovery of the weapon doubtful---appeal against conviction was accordingly allowed.

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

Case information

Judgment text as reported

Other judgments reported in 2024 YLR