Ahmed Ali alias Zohaib vs State Ss — 2026 YLR 1270 KARACHI-HIGH-COURT-SINDH

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Ahmed Ali alias Zohaib VS State Ss. 395, 452, 337-L(2) & 506(2)---Dacoity, house-trespass after preparation for hurt, assault, or wrongful restraint, hurt, criminal intimidation---Appreciation of evidence---Infirmities in prosecution case---Accused were charged for entering into the house of complainant, causing injuries to her and taking away gold, silver ornaments and cash of Rs. 50,000/- and extending threats of dire consequences---Complainant in her FIR alleged that on 23.5.2021 when she was present in her house along with other inmates, at night time the accused entered her house and issued threats for vacating the house on the force of weapon; however, they went back while issuing threats of dire consequences to them---Thereafter, on 04.06.2021, when she along with her witnesses was available at her house, when at about 1300 hours, accused armed with TT pistols and cudgel trespassed into her house---One of the accused persons caused lathi blow to her, which she received on her left knee joint, while rest of the accused caused kick and fist blows to her---Accused also took away one golden locket, 30 tolaof silver ornaments and cash of Rs:50,000/- from the iron box and went way, while issuing threats of death to the complainant party---However, complainant did not report the matter to police in respect of the incident allegedly taking place on 23.5.2021---Very strangely, alleged incident of snatching of motorcycle of “Q” by accused also related to the same date viz. 23.5.2021.---No incriminating articles had been recovered from any of the accused in both cases---From perusal of cross-examination of the prosecution witnesses, particularly alleged eye-witnesses, it appeared that they had made material admissions and contradictions which put dent in the prosecution case and created doubts in the prosecution story---Appeal against conviction was allowed, in circumstances.

Ahmed Ali alias Zohaib vs State Ss — 2026 YLR 1270 KARACHI-HIGH-COURT-SINDH

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