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---act of terrorism not made out---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---Present case did not fall within the ambit of S. 7 of anti-Terrorism act, 1997, for the simple reason that, as per prosecution's own case, the alleged attack on the police party by the accused persons was totally sudden and not a pre-planned action---Had the accused been in the knowledge that police party would conduct a raid in order to apprehend an accused, by no stretch of imagination, said accused would have stood alone outside the house because in such a case he could have escaped easily and would have gone to another place---alleged sudden apprehension of said accused at the hands of police itself showed that neither accused or any other person, allegedly assisting him, were in the knowledge of any such raid to be conducted by the police party---In that view of the matter, even according to prosecution version itself, the alleged action on the part of accused persons would not constitute any offence under S. 7 anti-Terrorism act, 1997---From the facts of present case, it was clear that there was no intention or pre-planning by the accused to commit the alleged offence---In case the prosecution story was considered to be true, same would not constitute an act of terrorism or terrorist activity under the anti-Terrorism act, 1997---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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