NIAZ AHMED MIRANI vs State Ss — 2024 YLR 726 KARACHI-HIGH-COURT-SINDH

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NIAZ AHMED MIRANI VS State Ss. 365, 395, 452, 353, 220, 506-2, 504, 337-H(2), 337-a(i), 427, 342 & 34---Criminal Procedure Code (V of 1898), S. 103---abduction for ransom, dacoity, house trespass, assault or criminal force to deter public servant from discharge of his duty, commitment for trial or confinement by person having authority who knows that he is acting contrary to law, criminal intimidation, intentional insult with intent to provoke breach of peace, hurt by rash or negligent act, shajjah-i-khafifah, mischief causing damage to the amount of fifty rupees, wrongful confinement, common intention---appreciation of evidence---Benefit of doubt---act of terrorism, not made out of---accused was charged for maltreating with the servant of complainant, forcibly taking away the detenu, abusing the complainant, extending threats of dire consequences and also firing just to spread fear, terror and insecurity in general public, when the complainant went to police station for releasing the detenu---according to the proseution's own case, as soon as the Judicial Magistrate arrived at the place where the detenu was allegedly confined, the accused on seeing the Judicial Magistrate fled away by jumping over the wall---From that, it was clear that the accused had no prior information and knowledge that any raid was to be conducted by the Judicial Magistrate---In that view of the matter, it could not be said that the accused having prior knowledge of the raid, had intentionally preplanned to spread panic and terror in the vicinity which was an essential ingredient for constituting an offence under Section 7 of the anti-Terrorism act, 1997---Hence, the alleged firing made by the accused was totally sudden and not a preplanned action on his part---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of any doubt---appeals against conviction was accordingly allowed.

NIAZ AHMED MIRANI vs State Ss — 2024 YLR 726 KARACHI-HIGH-COURT-SINDH

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