FAIYAZ KHAN vs State Ss — 2024 YLR 905 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 YLR 905 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: FAIYAZ KHAN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 23; S. 7

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

FAIYAZ KHAN VS State Ss. 324 & 353---Sindh arms act (V of 2013), S. 23(1)(a)---anti-Terrorism act (XXVII of 1997), S.7 (h)---attempt to Qatl-i-amd, police encounter, act of terrorism---appreciation of evidence---Recovery of weapons---Chain of custody---Proof---accused persons were convicted for commission of attempt to Qatl-i-amd, police encounter, recovery of firearms and act of terrorism and were variously sentenced with maximum imprisonment for ten years--- Validity--- alleged encounter lasted for few minutes but no one from police party received any injury to his body---Even no bullet hit official vehicle of police, at the hands of accused persons who had pistols and had dared to open straight fire on police party and suddenly they stopped firing after two shots each, though they had more live bullets in their alleged recovered pistols---No blood marks were found at the occurrence, which fact alone cast doubt on the authenticity of alleged encounter---No police official was listed among prosecution witnesses who took the case property to Forensic Science Laboratory---Such discrepancy raised significant concerns in delivery of parcels intact to Forensic Science Laboratory---No prosecution witness disclosed name of the police official through whom case property was sent to Forensic Science Laboratory---Prosecution failed to establish safe departure and delivery of parcels to Forensic Expert, in circumstances---Such omission had raised doubts about integrity of chain of custody---High Court set aside conviction and sentence awarded by Trial Court and accused was acquitted of the charge---appeal was allowed, in circumstances.

Other judgments reported in 2024 YLR

2024 YLR 2656 KARACHI-HIGH-COURT-SINDHMuhammad Maqsood VS State Ss. 324, 353 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---attempt t…
2024 YLR 2635 KARACHI-HIGH-COURT-SINDHAbdul Karim VS State S. 497---Foreign Exchange Regulation Act (VII of 1947),Ss. 4, 5, 8 & 23---Payments through informal banking channel of…
2024 YLR 2619 KARACHI-HIGH-COURT-SINDHBijar alias Bijli VS State Ss. 324, 353, 225, 337-a(i), 337-F(i), 337-H(2), 147, 148 & 149---Sindh arms act (V of 2013), S. 24---anti-Terror…
2024 YLR 2586 KARACHI-HIGH-COURT-SINDHFayaz alias Fayaz Hussain VS State Ss. 302(b), 324, 353, 337-F(iii), 337-F(v), 337-H(2), 506(2), 148 & 149---anti-Terrorism act (XXVII of 19…
2024 YLR 2561 KARACHI-HIGH-COURT-SINDHMuhammad Bilal VS State S. 497---Penal Code (XLV of 1860), Ss. 409, 419, 420, 467, 468, 471, 477-A & 109---Prevention of Corruption Act (II…
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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