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), S. 7---Negligence of officials causing under trial prisoners to escape---appreciation of evidence---Benefit of doubt---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---With regard to the two clerks/accused, they had no direct responsibilities or obligations in respect of the under trial prisoners serving at the jail---Said accused were not Court Officials and were clerical officers sitting in the main office building of the jail performing clerical duties---Said duties were not set out in the list of officers and official duties---Responsibilities of the said accused appeared to be typing and movement of papers--- With regard to three constables/accused persons, the under trial prisoners entrusted in their custody on the day of the incident attended court and were duly returned to the jail after the court hearings---There was evidence showing that said accused persons had anything to do with the escaped under trial prisoners or that they had any specific responsibility for the escaped under trial prisoners on the day of the incident or even came across them on the day of the incident---Internal inquiry report also found all three of the said accused not guilty of negligence---With regard to accused/constable posted to ward 26, under trial prisoners were not lodged in ward 26, and as such said accused had nothing to do with them being let out of ward 26 or allowing them to enter the anti-Terrorism Court complex nor their counting on their return at the time of lock up---Internal inquiry report also found the said accused not guilty of negligence and as such all the said four accused persons were extended the benefit of doubt and were acquitted of the charge.

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

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