| Citation(s) |
|---|
| 2026 SLG 90 2026 SLD 90 = 2025 SHC 1467 = 2022 YLR 2276 |
SPL. CRIMINAL A .T. APPEAL NO.117 OF 2019/
Present. Mr. Justice Moluwmtad Karim Kha11 Aglta Mr. Justice Khadim H11ssai11Twiio,
Appellant: SPL. CRIMI AL A .T. APPEAL 0.120 OF 2019 Muhammad Kamran Sidd1qu1 son of Muhammad Khalid Siddiqui, Through Mr. Abdul Khursheed Khan, advocate.
Respondent: Date of hcaring. Date of announcement The State through lr Saadat Ali, Spcc,al Public Prrn,ccutor Rangers assisted by Mr. Abrar Ah KhiLhi, Addi. Prosecutor General, Smdh. 03.02.2022 14.02.2022
SYED HUSSAIN SALMAN @ SP & 02 ORS
VS
THE STATE Sindh High Court, Karachi
Law: Pakistan Penal Code, 1860
Section: 324, 353, 436, 34
Law: Anti-Terrorism Act, 1997
Section: 6(2)(c), 6(2)(ec), 6(2)(n), 7(i)(d), 7(i)(ff), 7(i)(h)
Law: Explosive Substances Act, 1908
Section: 3, 4
Law: Code of Criminal Procedure, 1898
Section: 154, 161, 342, 382-B
Summary
The case concerns an attack on a Rangers post in Korangi, Karachi, where unknown persons allegedly threw an explosive device (hand cracker), causing damage to government property. The appellants were convicted by the Anti-Terrorism Court under various provisions of the Anti-Terrorism Act, Pakistan Penal Code, and Explosive Substances Act, and were sentenced to long terms of imprisonment.
On appeal, the High Court reassessed the evidence and found that the prosecution failed to prove the case beyond reasonable doubt. The conviction was mainly based on the testimony of a sole eyewitness and an identification parade, both of which were found unreliable due to serious procedural defects, delayed statements, lack of prior description (hulia), and doubtful identification conditions. No independent corroborative evidence, recoveries, or legally admissible confessions supported the prosecution case.
Applying the settled principle that benefit of doubt must go to the accused as a matter of right, the Court allowed the appeals, set aside the convictions and sentences, and ordered the acquittal of all appellants.