| Citation(s) |
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| 2025 SLG 3599 2025 SLD 3599 = 2025 YLR 1424 |
Sindh High Court
Spl. Cr. A.T. Jail Appeal No. 40 of 2024, decided on 12th February, 2025.
Before Zafar Ahmed Rajput and Tasneem Sultana, JJ
Zulfiqar Ali Mashori for Appellant. Muhammad Iqbal Awan, Addl. Prosecutor General, Sindh for the State.
Spl. Cr. A.T. Jail Appeal No. 40 of 2024, decided on 12th February, 2025.
Before Zafar Ahmed Rajput and Tasneem Sultana, JJ
Zulfiqar Ali Mashori for Appellant. Muhammad Iqbal Awan, Addl. Prosecutor General, Sindh for the State.
MUMTAZ ALI and another---Appellants
VERSUS
The STATE---Respondent
Law: Penal Code (XLV of 1860)
Section: 324,392,397,353,34
Law: Anti-Terrorism Act, 1997
Section: XXVII,7
Law: Qanun-e-Shahadat (10 of 1984)
Section: 22
(a) Penal Code (XLV of 1860)-------Ss. 324, 392, 397, 353 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7--Qanun-e-Shahadat (10 of 1984), Art. 22---Attempt to commit qatl-i-amd, robbery, robbery or dacoity with attempt to cause death or grievous hurt, using the criminal force or assault on public servant while he was performing his duty, common intention, act of terrorism---Appreciation of evidence---Test identification parade---Accused were charged for snatching motorcycle from the complainant, meanwhile four Police Officials arrived there on motorcycles, who signaled the accused to stop, but they opened fire on them with intention to kill them and deter them from discharging their duty causing firearm injury to a Police Constable; in retaliation one accused received bullet injuries and he fell down and was apprehended by the police---Appellant was not apprehended on the spot---As per prosecution case, appellant succeeded to make his escape good from the crime scene, however, later on he was arrested in some other criminal case and, thereafter the complainant identified the appellant in the identification test---Complainant, while reiterating the contents of his FIR., had stated that, on 26.12.2022, Investigating Officer called him for identification test and he identified the appellant during identification test and assigned him clear role for commission of the offence---Complainant had identified the appellant, present in Court at the time of recording his evidence, as the same accused---Even in cross-examination, the defence had failed to shatter the evidence of complainant on the main incident, mode and manner of identification test in which he identified the appellant---Appeal against conviction was dismissed, in circumstances.Kanwar Anwar Ali's case PLD 2019 SC 488 rel.(b) Penal Code (XLV of 1860)-------Ss. 324, 392, 397, 353 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7--Qanun-e-Shahadat (10 of 1984), Art. 22---Attempt to commit qatl-i-amd, robbery, robbery or dacoity with attempt to cause death or grievous hurt, using criminal force or assault on public servant while he was performing his duty, common intention, act of…