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ABDUL HAYEE and ABDULLAH alias GHAZALI vs State Ss — 2025 SCMR 281 SUPREME-COURT

Case information

Citation
2025 SCMR 281 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
SCMR
Parties
ABDUL HAYEE and ABDULLAH alias GHAZALI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7; S. 3---C; S. 342---C; 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 HAYEE and ABDULLAH alias GHAZALI VS State Ss. 302(b), 148, 149, 412 & 440---anti-Terrorism act (XXVII of 1997), S. 7(a)---Explosive Substances act (VI of 1908), S. 3---Criminal Procedure Code (V of 1898), S. 342---Carrying out a bomb blast at a police check post---Reappraisal of evidence---Recovery of weapons of offence from accused persons and positive forensics report---Inconsequential---Said recoveries were not put to the petitioners (accused persons) in their statements recorded under Section 342 Cr.P.C., therefore, the said pieces of prosecution evidence could not be considered against the petitioners and the same has rightly been discarded by the High Court---Even otherwise the direct evidence of alleged eye-witnesses in this case had been discarded, therefore, the convictions and sentences of the petitioners under the capital charge could not sustain merely on the basis of alleged recoveries---Prosecution was not able to prove its case against the petitioners (accused persons) beyond the shadow of doubt, therefore, petitions were converted into appeals and allowed, the impugned judgment was set aside and the petitioners were acquitted of all the charges while extending them the benefit of doubt.

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