18/2021 Criminal Appeal Arsallah (Appellant) V/S The State (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Zafar Ahmed Rajput, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
18/2021 Criminal Appeal Arsallah (Appellant) V/S The State (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Zafar Ahmed Rajput, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 03-AUG-21
The present appellant has been convicted by the trial Court on the same set of facts and evidence, above mentioned, which this Court has not considered sufficient to warrant conviction of the appellants of Crl. Appeal No. 61 of 2016 and award them afore-mentioned sentences. So far the case of present appellant is concerned; we do not find any special features that distinguish his case/role from those of said appellants, justifying recoding conviction and sentence to present appellant. Hence, the present appellant is also entitled to the same benefit of doubt earlier extended in favour of appellants of Crl. Appeal No. 61 of 2016. Consequently, we allow this criminal appeal, set aside the conviction and sentences of appellant recorded by the trial Court vide impugned judgment and acquit him of the charges. He shall be set at liberty forthwith, if not required to be detained in any other case