23/2024 Spl.Anti.Ter.A. AMEERULLAH S/O MASTA JAN (Appellant) V/S THE STATE (Respondent)
Bench: Hon'ble Mr. Justice Salahuddin Panhwar(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon
23/2024 Spl.Anti.Ter.A. AMEERULLAH S/O MASTA JAN (Appellant) V/S THE STATE (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Salahuddin Panhwar(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon Order Date: 20-NOV-24
It was incumbent upon the police to associate some independent/private persons; and just saying that no one was available at the spot is not sufficient thus testimony of police officials in this regard in given circumstances, cannot be safely relied upon to maintain conviction against the appellant. For extending the benefit of the doubt to an accused, there do not need to be multiple circumstances creating doubt, if there is a single circumstance which creates reasonable doubt in a prudent mind about the guilt of accused, he will be entitled to such benefit. Once it was established on record that the Appellant did not commit an offense punishable under the Anti-Terrorism Act, 1997, the provisions pertaining to the exclusion of Section 103 of the Code of Criminal Procedure (Cr.P.C.), as referenced above, become inapplicable to the present case, where no conviction has been rendered under the ATA, 1997.