ABDUL REHMAN SHAIKH vs State Ss — 2024 YLR 70 KARACHI-HIGH-COURT-SINDH

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ABDUL REHMAN SHAIKH VS State Ss. 223, 224, 225, 225-a, 216, 114 & 34---anti-Terrorism act (XXVII of 1997), 7---Negligence of officials causing under trial prisoners to escape---appreciation of evidence---Conviction, alteration of---accused were charged for negligence in performing their duties by not preventing and in essence enabling two hardened under trial prisoners to escape from central prison---Record showed that the hardened prisoners seemed to have the keys to their wards---Under trial prisoners were produced before the anti Terrorism Court in the prison without production orders by other under trial prisoners---Counting of prisoners who were returned from the anti Terrorism Court back to the barracks was done negligently---CCTV camera's on the day of the incident were not working even in respect of the most sensitive areas of the prison---Under trial prisoners/escapees managed to have passed through the outer gate of the prison (being the only entry and exit point to the prison) when the management and security of the prison was the sole responsibility of the Superintendant who appeared to have done very little on ground to ensure the security of the prison after assuming charge and blindly signed logs concerning the presence of prisoners who were missing by violating the rules---all the five accused persons were found guilty of violation of so many prison rules on account of their negligence by a high powered inquiry which report had been duly exhibited---Circumstances established that the prosecution had proved its case beyond a reasonable doubt that all five Senior Officer/accused persons through their own negligence enabled the under trial prisoners to escape and had committed the offences under Ss. 223 & 223-a, P.P.C. and as such their convictions and sentences were maintained and their appeals were dismissed---However, said accused persons did not have the design, intent or purpose to create terror and as such all offences under the anti-Terrorism act, 1997 were set aside.

ABDUL REHMAN SHAIKH vs State Ss — 2024 YLR 70 KARACHI-HIGH-COURT-SINDH

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