Citation Name: 2025 MLD 975 KARACHI-HIGH-COURT-SINDHBookmark this Case Khalil Khan vs State Ss

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Citation Name: 2025 MLD 975 KARACHI-HIGH-COURT-SINDHBookmark this Case Khalil Khan 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 to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, possessing illicit weapon, act of terrorism---appreciation of evidence---Fake encounter---accused were charged that they made firing upon the police party when they were signaled to stop, complainant in retaliation also fired on them, resultantly, one of the appellants sustained injury on his left leg-calf and fell down and both the accused were apprehended by the police---Record showed that the clothes of the injured appellant were not secured by the complainant and the Investigating Officer, which raised serious doubt regarding the claim of prosecution that after receiving injury, the appellant fell on the ground---Though the prosecution had relied upon report of the blood swab, stated to be secured from crime scene, yet the report was of no assistance to the case of prosecution, as the same simply showed that the said blood was of human; however, it did not reflect that if the sample was in fact collected from the place of occurrence, as the same had not been shown collected from the alleged crime scene in presence of private mashirs---Complainant and mashir had deposed in their respective evidence that the members of Crime Scene Unit (CSU) arrived at place of incident to secure crime empties and bloodstained earth and secured the same without associating any witness---Since the alleged securing of said articles was unattested, it carried no authenticity---In modern age, every one carried cell phones with camera and even small shop keepers had CCTV Camera at their business places, yet in the instant case, the Investigating Officer made no effort to secure such recording of the incident or its after math---In the same sequence, it could be noted that the Investigating Officer also did not make any inquiry from people of the locality about the alleged police encounter---Moreover, it might be observed that neither complainant nor Investigating Officer had brought any material on the record to suggest that the appellants were ever involved earlier in any criminal case---Criminal record reports were silent on the previous criminal record of the appellants---Circumstances established that the prosecution had failed to prove its case against the appellants/accused beyond any reasonable doubt---appeal against conviction was allowed, in circumstances.

Citation Name: 2025 MLD 975 KARACHI-HIGH-COURT-SINDHBookmark this Case Khalil Khan vs State Ss — 2025 MLD 975 KARACHI-HIGH-COURT-SINDH

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