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

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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---Recovery of weapon of offence on the disclosure of accused--- 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 accused led the police party at the pointed place and voluntarily went and took out one 9MM pistol, loaded with three live rounds, beneath the bricks established under the tree of nursery of a college and handed over the same to Investigating Officer in his presence and in presence of Head Constable---Recovery witness in his cross-examination had stated that nursery was in open space and there was no boundary wall---Owner of the nursery was not available at the time of recovery---Chowkidar residing at the nursery along with his family was also not present---Said witness admitted that no effort was made by the Investigating Officer to associate any private witness to act as mashir of recovery---accused was confined for about eight days before recovery of 9MM pistol but he did not disclose about commission of offence and concealment of 9MM pistol---Said witness admitted that recovered 9MM pistol was clear and in better condition---admittedly, the incident took place on 03.12.2013 whereas the pistol was allegedly recovered on 22.04.2015---How was it possible that after lapse of 16 months and 19 days the pistol allegedly concealed underneath the bricks at an open space was recovered in a clear, better and operational condition---admittedly, the place of alleged recovery of crime weapon was an open place, everyone had access to it, how was it possible that the said weapon remained concealed for a long period of 16 months 19 days at such a place, which also in a clean, better and operational condition---Circumstances established that the prosecution had failed to bring home the guilt to the accused---appeal against conviction was allowed accordingly.

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

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