| Citation(s) |
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| 2026 SLG 2082 2026 SLD 2082 = 2026 SHC 201 |
Sindh High Court
Spl. Crl. Anti-Terrorism Appeals Nos.38, 39, 40, 41 & 42 of 2023
Presented By: Mr. Justice Muhammad Iqbal Kalhoro Mr. Justice Syed Fiaz ul Hasan Shah
APPELLANTS : Muhammad Sohail @ Ahmed Liaquatabad Wala @ Kala Muna S/o Muhammad Khalil Muhammad Kashif @ Shakeel Burder S/o Muhammad Shafiq Through Mr. Muhammad Imran Meo, Advocate RESPONDENT : The State through Mr. Ali Haider Salim, Addl. Prosecutor General, Sindh. Date of hearing : 03.02.2026 Date of Decision : 03.02.2026
Spl. Crl. Anti-Terrorism Appeals Nos.38, 39, 40, 41 & 42 of 2023
Presented By: Mr. Justice Muhammad Iqbal Kalhoro Mr. Justice Syed Fiaz ul Hasan Shah
APPELLANTS : Muhammad Sohail @ Ahmed Liaquatabad Wala @ Kala Muna S/o Muhammad Khalil Muhammad Kashif @ Shakeel Burder S/o Muhammad Shafiq Through Mr. Muhammad Imran Meo, Advocate RESPONDENT : The State through Mr. Ali Haider Salim, Addl. Prosecutor General, Sindh. Date of hearing : 03.02.2026 Date of Decision : 03.02.2026
KALA & ANR
VS
THE STATE Sindh High Court, Karachi
Law: Pakistan Penal Code, 1860
Section: 302/34, 353, 324/34, 504, 509
Law: Anti-Terrorism Act, 1997
Section: 7
Law: Arms Ordinance, 1965
Section: 13(d), 13(e)
Law: Code of Criminal Procedure, 1898
Section: 544-A, 382(b), 161, 340(2), 403, 435, 439
Law: Constitution of Pakistan, 1973
Section: 13(a)
Law: General Clauses Act, 1897
Section: 26
IN THE HIGH COURT OF SINDH AT KARACHI PRESENT: Summary The appellants challenged their convictions in multiple cases including murder, attempted murder, assault on police, and illegal arms possession arising from FIR No. 518/2011 and related FIRs. The prosecution alleged that the appellants carried out a targeted firing incident resulting in deaths and were later arrested in a police encounter where weapons were recovered. However, the High Court found serious doubts in the prosecution case due to unexplained delay in FIR registration, unreliable chance witness testimony, doubtful identification parade, delayed recording of statements, and compromised forensic handling of crime empties. The Court held that these defects created reasonable doubt, making conviction under Section 302 PPC and Section 7 ATA unsafe. Accordingly, convictions in the murder-related case were set aside and the appellants were acquitted, while convictions in other arms and encounter-related cases were maintained. The Court also reiterated constitutional protection against double punishment under Article 13(a). Sections / Laws Used Sections 302/34 PPC Sections 353, 324/34, 504, 509 PPC Section 7 of Anti-Terrorism Act, 1997 Sections 13(d), 13(e) Arms Ordinance Section 544-A Cr.P.C. Section 382(b) Cr.P.C. Sections 161, 340(2), 403 Cr.P.C. Sections 435/439 Cr.P.C. Article 13(a), Constitution of Pakistan, 1973 Section 26, General Clauses Act, 1897 Two 2-Word Descriptions Doubtful Evidence Partial Acquittal J U D G M E N T Appellant Muhammad Sohail @Ahmed Liaquatabad Wala @ Kala Muna S/O Muhammad Kashif (Appellant No.1) and Appellant Muhammad Kashif @ Shakeel Burger S/O Muhammad Shafiq (Appellant No.2) have challenged the consolidated Judgment dated 28.02.2023 (“Impugned Judgment”) passed by the learned Judge, Anti-Terrorism Court No.V, Karachi (“Trial Court”) in Special Case Nos. 27/2011, 27-A/ 2011, 27-B/2016, 27-C/2016 and 27-D/2016 emanating from the Crimes bearing (1) FIR No.518/2011 under sections 302/34 PPC read with Section 7 of the Anti-Terrorism Act, 1997 (“ATA”) registered with Police Station Aziz Bhatti,…