Citation Name: 2025 YLR 499 KARACHI-HIGH-COURT-SINDHBookmark this Case Zubair Ahmed vs State Ss

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Citation Name: 2025 YLR 499 KARACHI-HIGH-COURT-SINDHBookmark this Case Zubair Ahmed VS State Ss. 324, 353, 427 & 34---anti-Terrorism act (XXVII of 1997), Ss.7 & 25)---Sindh arms act (V of 2013), Ss. 25 & 23(1)(a)---attempt to commit qatl-i-amd, assault orcriminalforce to deter public servant from discharge of his duty, causing damage to property, common intention, act of terrorism and possession of unlicensed weapon---appreciation of evidence---Benefit of doubt---Fake encounter---accused, who were convicted and sentenced by the anti-Terrorism Court, filed appeal before High Court---Despite cross-firing with sophisticated weapons no injury or even scratch was sustained by any police official during encounter which was unbelievable and did not appeal to a prudent mind---Fire shot injury sustained by one of the appellants on his right leg was allegedly caused by the police officials in a fake encounter---No damage was caused to the motorcycle used by the appellants in the alleged crime---Prosecution Witnesses from whom alleged motorcycle was snatched by the appellants deposed before Trial Court that one accused was wearing helmet whereas, another accused was wearing mask at that time, as such, he could not identify them---No photograph was taken by the police officials during search, seizure and arrest of the appellants despite carrying cellular phone---In a night time incident, no source of light was mentioned in evidence and mashirnama of arrest and recovery was also silent in that respect---In the mashirnama of arrest and recovery, description of the 30 bore pistol was mentioned as "new border special modified CaL 30 bore", but report of the Ballistic Expert was silent about such description---Safe custody and safe transmission of the recovered pistol had not been established before the trial Court, for the reason that prosecution failed to examine Incharge Malkhana of concerned police station---Investigating Officer failed to preserve the finger prints of the accused on weapons during course of encounter---One of the appellant/accusedwas a disabled person and he was empty handed at the time of police encounter and there was no evidence that he used criminal force to deter police party from discharge of its duty, thus, his false implication could not be ruled out---Injured accused fired several shots upon the police but not a single fire hit the police party---Police Officers failed to interrogate the appellants about their presence at the place of incident at such odd hours of night---There were also major contradictions in the evidence of prosecution witnesses particularly as to the places of patrolling and actual incident---Incident took place in a thickly populated area, however, no private person was associated---Standard of proof in the present case had to be far higher as compared to any other criminal case---Case should have been investigated by some other agency---Police, in such case, could not have been investigators of theirowncause---Such investigation which was woefully lacking independent character could not be made basis for conviction, that too when it was riddled with many lacunas and loopholes---Prosecution had not been able to prove its case against the accused beyond reasonable doubt---High Court allowed the appeal and acquitted the accused persons, by giving them benefit of doubt.

Citation Name: 2025 YLR 499 KARACHI-HIGH-COURT-SINDHBookmark this Case Zubair Ahmed vs State Ss — 2025 YLR 499 KARACHI-HIGH-COURT-SINDH

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