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---Delay of nineteen days in sending empties to Ballistic Expert---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---Record showed that there was delay of about 19 days in sending the allegedly recovered empties to Ballistic Expert as the incident took place on 18.12.2021 whereas, according to Ballistic Expert Report the empties were received in their office on 06.01.2022---If the period was counted from the date of receiving the permission from SSP for sending the empties to Ballistic Expert, as deposed by the Investigating Officer, even then there was delay of 08 days in sending the empties to Ballistic Expert---Such conduct on the part of Investigating agency could not be appreciated---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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