HUBDAR alias HUBOO JAGRANI vs State Ss — 2024 YLR 599 KARACHI-HIGH-COURT-SINDH

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HUBDAR alias HUBOO JAGRANI VS State Ss. 324, 353, 186, 224, 225, 427, 337-F(i), 337-H(2), 147, 148 & 149---anti-Terrorism act (XXVII of 1997), S.7---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, resistance or obstruction by a person to his lawful apprehension, resistance or obstruction to lawful apprehension of another person, mischief causing damage to the amount of fifty rupees, ghayr-jaifah-damiyah, rash or negligent act to endanger human life or personal safety of others, rioting, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Benefit of doubt---Non-production of daily diary by the police---Consequential---accused were charged for making murderous assault on the police party with firing while their companion was arrested, due to which one Police Constable sustained injuries---Complainant admitted in his cross-examination that he had kept the arrival entry at Police Station but at that time he did not remember its number---Complainant had also not produced the same on the relevant day before the Court---Neither complainant had produced any entry regarding arrival of SIP of other Police Station nor of Head Constable of another Police Station---Likewise Head Constable in his examination in chief deposed that he kept entry number 8 for leaving his Police Station to other Police Station, however, in his cross-examination he admitted that he had not produced entry No.8 with his deposition---Similarly, while narrating the facts regarding their departure from his Police Station to other Police Station, in connection with arrest of accused, although the Investigating Officer had stated that he kept entry No. 40 at Police Station B-section, however, he had not deposed about making any departure entry, nor had produced the same during the course of his evidence---In like manner, mashir was absolutely silent about making any departure entry nor had he produced the same before the Trial Court---Non-production of roznamcha entry/daily diary by the police, put dent in the prosecution case---In absence of any roznamcha entry, it became suspicious as to whether Investigating Officer or police party, as the case may be, had in fact left the police station to the place of arrest, incident and/or recovery or not---Such facts were fatal to the prosecution case---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal against conviction was accordingly allowed.

HUBDAR alias HUBOO JAGRANI vs State Ss — 2024 YLR 599 KARACHI-HIGH-COURT-SINDH

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