Anti-Terrorism Act (XXVII of 1997), S. 7(ff)---Sindh Arms Act (V of 2013)

Citation Name : 2019 YLR 552 KARACHI-HIGH-COURT-SINDH
Side Appellant : HASHIM
Side Opponent : State
Ss. 324, 353 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7(ff)---Sindh Arms Act (V of 2013), S. 23(1)(a)---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, act of terrorism, possessing of unlicensed arms, attempt to cause explosion, or for making or keeping explosive with intent to endanger life or property, making or possessing explosives under suspicious circumstances---Appreciation of evidence---Benefit of doubt---Prosecution case was that on spy information about presence of terrorists, police reached the place, and encircled the culprits, upon which culprits started firing on the police with intention to cause their death and deter them from performing their duties---Police also fired in their defence and succeeded in apprehending three persons, whereas four accused made their escape good---One Kalashnikov, four hand grenades and two 30-bore pistols were recovered from the possession of the accused persons---Accused were arrested and four empty shells of Kalashnikov, six of 30-bore and four of 9-MM were collected from the place of occurrence---Weapons and empty shells were sealed separately---Record showed that there was cross firing in between the accused and police party, with sophisticated weapon, but no body received any injury from either side---Even no bullet hit the police vehicle---Record transpired that place of incident was a thickly populated area and it was a case of spy information but no private person was associated as mashir---No plausible explanation was offered by prosecution as to why they did not cite any independent person to witness the recovery proceed-ings---Recoveries were effected on 16.1.2014, but were sent to Forensic Science Laboratory for examination on 7.2.2014 after the delay of twenty one days, for which no plausible explanation was furnished for causing such an inordinate delay---Mashirnama, mentioned that pistols and Kalashnikov allegedly recovered from the possession of the accused persons were without numbers, whereas examination report of Forensic Science Laboratory of the weapons showed the numbers of said weapons---Said aspect of the case created doubt about the prosecution case---No hand grenades numbers were mentioned in the FIR and mashirnama but inspection reports of hand grenades showed its numbers and description as plastic bodies without detonators---Hand grenades without explosive material could not blast and presumption could be drawn that police in order to strengthen the rope of their false accusation had foisted upon them---As to hand grenades were retained by whom had not been explained by the prosecution and that after its recovery under whose custody, these were laid---Bomb Disposal Unit had inspected hand grenades on 25.1.2014 though the same were recovered on 16.1.2014 lapes of nine days was questionable---Said circumstances had proved that neither the incident as alleged had taken place nor the recoveries as shown were effected from the possession of the accused---Said exercise carried out by the police had itself shown to be fake, fabricated and engineered one---Circumstances established that prosecution had failed to prove its case against the accused---Appeal was allowed and accused were acquitted in circumstances by setting aside conviction and sentence recorded by the Trial Court.

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