Case Details

Citation(s)
2025 SLG 3905 2025 SLD 3905 = 2025 SHC 1403
Sindh High Court
Spl. Cr. Anti-Terrorism Appeal No 162 of 2018 Confirmation Case No.06 of 2018
Mr.Justice Mohammad Karim Khan Agha Mr. Justice Khadim Hussain Tunio
Through Mr.Muhammad Hanif Kashmiri,advocate

Appellant:Nadeem khan son of abdul razzaque abid ali son of bawar khan and noo-ul-rasheed son of abdul jabbar

VS

The State

Law: Pakistan Penal Code (PPC),1860

Section: 302, 324, 327, 337-F(2), 427, 109/34

Law: Anti-Terrorism Act, 1997

Section: 7(i)(a), 7(i)(c)

Law: Explosive Substances Act, 1908

Section: 3 and 5-A

Law: Criminal Procedure Code, 1898

Section: 374, 544-A, 382-B, 265-H(II), 342, 161

Summary:In Special ATA Appeal No. 162 of 2018, the Sindh High Court acquitted Nadeem Khan, Abid Ali, and Noor-ul-Rasheed, who had been convicted by the Anti-Terrorism Court for their alleged involvement in a suicide bombing that killed four people, including a police inspector. The Court found serious doubts in the identification evidence, pointing out flaws such as delay in FIR registration, lack of proper description of the accused, unreliable identification parade, and the risk of mistaken identity based on mere appearance of beards. The court emphasized the need for reliable and cogent evidence in capital cases and extended the benefit of doubt to the appellants, setting aside their conviction and sentences.Core Points:Appellants convicted for suicide bombing resulting in four deaths and injuries.FIR delayed by two days; initially registered against unknown terrorists.Identification parade held 9 months after incident with procedural deficiencies.Plaintiffs primarily identified by police witnesses who had only fleeting view and described suspects mostly by having beards.Identification parade had issues including repeated use of dummies and late…
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