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---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---Recovery of crime empties from the spot---Doubtful---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---In the evidence of Judicial Magistrate, it had come on record that at the time when the Judicial Magistrate was making entries in the daily diary, accused had come at Police Station and started firing and the firing continued for 10/15 minutes---Surely, if a person made continuous firing for 10/15 minutes, then he must have fired hundreds of shots, as such hundreds of empties should have been found and secured from there but the evidence of Investigating Officer showed that only 25 empties were secured from there---Said fact created doubts in the prosecution case---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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