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---Discrepancies and lacunas in the prosecution case---Effect---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---although the Investigating Officer had prepared mashirnama in respect of damages caused to police vehicles, however, there was no mention of securing any glasses as allegedly the wind screen and side glasses of one vehicle were broken---although the complainant had made statement that injured Police Constable sustained injury due to firing made by the accused and, if his statement was presumed to be true, then surely blood must have oozed from the thumb of said injured, but the entire prosecution evidence was silent about securing any bloodstained earth from the spot and even the Medical Officer also deposed that no blood was oozing from the alleged injury---Statement of complainant that injured witness sustained injury as a result of firing from the side of accused was also belied by the fact that had injured witness sustained fire arm injury, he must have been sent immediately to the hospital for medical treatment and certificate but the record showed that he was referred to the hospital on the next date which was evident from the deposition of Medical Officer, who categorically stated that the said injured had come to him on 19.12.2021, whereas, the incident had taken place on 18.12.2021---another witness/Police Constable could not recognize properly the accused present in the Court which was evident from the note of the Trial Court to the effect that the witness had wrongly identified accused present in the Court---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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