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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; S. 265-K

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---Motive not proved---accused were charged that they made firing upon the complainant party, due to which two persons died whereas two persons sustained firearm injuries---Motive as set up by the complaint/ prosecution witnesses was that the incident took place on sectarian rivalry and the deceased and the witnesses belonged to Sipah-e-Sahaba Organization whereas as per the version of the complainant party the accused persons belonged to Tehreek-e-Jaffria and the incident took place on the instigation of leaders of the Tehreek-e-Jaffria---None of the witnesses has produced any proof in respect of the religious dispute before the Trial Court---Even if the Court believed that there was a dispute on religious affairs then the same was not against the present accused and was against others accused persons, some of whom had already been acquitted by the Trial Court on an application under S. 265-K, Cr.P.C.---Not a single word had been deposed by the prosecution witnesses against the accused in respect of the motive against him and it was only alleged that on the instigation of those accused persons who had a religious rivalry with the complainant party accused committed the offence---Therefore, the prosecution had failed to prove the direct motive against the accused hence, the real cause of occurrence remained shrouded in mystery---appeal against conviction was accordingly allowed.

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