| Citation(s) |
|---|
| 2025 SLG 2159 2025 SLD 2159 = 2025 SHC 1459 |
SPL. CRIMINAL A.T.A. NO.3O6 OF 2018.
Mr.Justice Mohammad Karim Khan Agha Mr. Justice Khadim Hussain Tunio
Appellant: Syed Aijaz Shah Qaddri, S/o. Syed Qasim Qadri through Mr. Muhammad Jamil advocate Respondent: The State though Mr. Muhammad Iqbal Awan Additional Prosecutor General
Law: Pakistan Penal Code, 1860
Section: 302,324,353,186,332,109,34
Law: Anti-Terrorism Act, 1997
Section: 7,7(a),7(b),7(h)
Law: Arms Ordinance, 1965
Section: 13-E
Law: Code of Criminal Procedure, 1898
Section: 154,161,342,544-A,382-B
Summary of Judgment
The appellant, Syed Aijaz Shah Qadri, was convicted by the Anti-Terrorism Court, Karachi, for multiple offenses including murder under section 302 PPC and various Anti-Terrorism Act (ATA) provisions based on a police encounter incident dated 05.01.2006. The prosecution alleged that the appellant was involved in a firing incident on a police party leading to the death of ASI Muhammad Arif and HC Nadeem Akhtar and injuries to PC Malik Khalid.
After hearing the appeal, the High Court evaluated the credibility of the prosecution's evidence, especially the eyewitness identification and medical evidence. Key findings by the Court included:
The eyewitnesses who identified the appellant appeared as chance witnesses, gave identification after significant delay (after 7 years), and failed to provide early description (huila), which is vital for reliable identification.