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ABDUL WASAY JOKHIO vs State Ss — 2024 YLR 962 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 962 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
ABDUL WASAY JOKHIO vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---C; S. 342---Q; S. 342; Criminal Procedure Code (V of 1898)

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

ABDUL WASAY JOKHIO VS State Ss. 302(b), 324, 223, 224 & 34---anti-Terrorism act (XXVII of 1997), S.7---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, attempt to commit qatl-i-amd, escape from confinement or custody negligently suffered by public servant, resistance or obstruction by a person to his lawful apprehension, common intention, act of terrorism---appreciation of evidence---Defence plea not proved by accused---Prosecution case was that the accused persons while in police custody made firing upon the Police Constables and ran away, and due to firing one Police Constable died and another was seriously injured---Defence case was simply one of false implication by the police based on the fact that the accused was in jail in Punjab at the time of the offence as per his S.342, Cr.P.C statement and that the crime was committed by the deceased co-accused---However, having taken such defence it was incumbent on accused to produce at least some evidence in support of the same which he failed to do---accused did not give evidence on oath and did not produce any defence witness in support of his defence case or produced any other evidence which could dent the prosecution case---Thus, Court disbelieved the defense case as an afterthought in the face of reliable, trust worthy and confidence inspiring eye-witness and other corroborative/ supportive evidence against the accused which had not at all dented the prosecution case--- Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---appeal against conviction was accordingly dismissed.

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