SOHAIL AHMED SIDDIQUI vs State Ss — 2024 YLR 811 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 YLR 811 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: SOHAIL AHMED SIDDIQUI vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---Q; S. 154

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SOHAIL AHMED SIDDIQUI VS State Ss. 302(b), 324 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Memo of inspection of the place of occurrence---Doubtful---accused was charged that he along with his co-accused made firing upon complainant party due to which three persons died and complainant along with one other person became injured---Record showed that memo of inspection of the place of occurrence was prepared at 2300 hours on 03.12.2013, statedly in presence of complainant---admittedly the complainant at the relevant time was admitted in injured condition at hospital, at 2140 hours his statement under S.154, Cr.P.C., was recorded by SIP, which was incorporated in the FIR by him at 2210 hours thus how was it possible that after 50 minutes, the complainant who was under treatment at hospital was be able to accompany the police and act as mashir to the memo of inspection of the place of incident---Inspection of place of incident was carried out by SIP "S" whereas it was signed by SIP "I"---Such memo apparently appeared to be a bogus, concocted and fabricated document, as such, it carried no legal value in the eyes of law and could not be relied upon---Preparation of such type of memo was an example of mala fide on the part of Investigating Officer who conducted defective investigation of a heinous offence for the reasons best known to him---Circumstances established that the prosecution had failed to bring home the guilt to the accused---appeal against conviction was allowed accordingly.

Other judgments reported in 2024 YLR

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2024 YLR 1497 KARACHI-HIGH-COURT-SINDHKHALID VS State Minor contradictions in evidence---In consequential---Every contradiction can not take place of a material contradiction and…

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