Nazeer alias Leemon vs State Ss — 2024 YLR 2675 KARACHI-HIGH-COURT-SINDH

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Nazeer alias Leemon VS State Ss. 324, 353, 393, 401 & 337-F(ii)-attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, robbery, belonging to gang of thieves, causing badi'ah---appreciation of evidence---Delay of about 23 days in sending the crime weapon and empties for forensics---accused were charged that they made firing upon the police party, due to which one Police Constable sustained firearm injury; in retaliation police also made firing, due to which one accused sustained firearm injury---alleged weapons as well as the empties were recovered on 15.07.2020 and such empties were sent to Laboratory on 05.08.2020 with delay of about 23 days---No explanation in respect of such inordinate delay of about 23 days was offered by the prosecution---In the circumstances, the positive Forensic Science Laboratory Report could not be relied upon for maintaining the conviction against the accused---Circumstances established that the prosecution had failed to establish its charge against the accused persons beyond any reasonable shadow of doubt---appeal against conviction was allowed accordingly. Citation Name: 2024 YLR 2675 KARACHI-HIGH-COURT-SINDH Nazeer alias Leemon VS State Burden of proof---Scope---Responsibility to prove its case against the accused squarely rests upon the prosecution and such burden cannot be shifted to the defence. Citation Name: 2024 YLR 2675 KARACHI-HIGH-COURT-SINDH Nazeer alias Leemon VS State Ss. 324, 353, 393, 401 & 337-F(ii)---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, robbery, belonging to gang of thieves, causing badi'ah---appreciation of evidence---Benefit of doubt---accused were charged that they made firing upon the police party, due to which one Police Constable sustained firearm injury; in retaliation police also made firing, due to which one accused sustained firearm injury---Record showed that an alleged police encounter was held between police party and accused, whereby one of the accused/co-accused had sustained fire arm injury on his leg, whereas two of the accused did not sustain even a scratch on any part of their bodies---Simultaneously, injured Police Constable had sustained injury on his leg yet he did not specifically implicate any of the accused during trial through which it could be deduced that he had sustained the injury while he was member of the police party---Non-sustaining of injury on the part of some of the accused persons showed that they had not participated in the crime and as per defense, they were subsequently arrayed and soon arrested by the police only to strengthen the rope of their false case---Though the alleged encounter lasted for about 10 minutes yet no allegation had been brought on record to believe that the accused persons had repeated their fire arms through which it could be believed that they had intention to commit qatl-i-amd of the police party or to deter them from performing their lawful duty---Besides, there was a joint memo. of their recovery and arrest, and such practice on the part of prosecution was weakest type of evidence and could not be relied upon to maintain the conviction against the accused persons---Circumstances established that the prosecution had failed to establish its charge against the accused persons beyond any reasonable shadow of doubt---appeal against conviction was allowed accordingly. Citation Name: 2024 YLR 2675 KARACHI-HIGH-COURT-SINDH Nazeer alias Leemon VS State Benefit of doubt---Principle---It is not necessary that there should be many circumstances creating doubt---If a single circumstance creates reasonable doubt in a prudent mind about the guilt of any accused, then the accused would be entitled to such benefit as a matter of right and not as a matter of grace or concession. Citation Name: 2024 YLR 2675 KARACHI-HIGH-COURT-SINDH Nazeer alias Leemon VS State Ss. 324, 353, 393, 401 & 337-F(ii)-attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, robbery, belonging to gang of thieves, causing badi'ah---appreciation of evidence---Recovery of motorcycle allegedly used by accused---Inconsequential---accused were charged that they made firing upon the police party, due to which one Police Constable sustained firearm injury; in retaliation police also made firing, due to which one accused sustained firearm injury---accused persons were allegedly shown to be riding a motorcycle, which was used in the commission of offence and was also recovered by the police as was evident from recovery memo---Said motorcycle was not produced before the Trial Court and was not even shown to the accused persons at the time of recording their statements under S.342, Cr.P.C---Circumstances established that the prosecution had failed to establish its charge against the accused persons beyond any reasonable shadow of doubt---appeal against conviction was allowed accordingly.

Nazeer alias Leemon vs State Ss — 2024 YLR 2675 KARACHI-HIGH-COURT-SINDH

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