Criminal record of accused

2021 YLR 2075 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 324, 353 & 34Sindh Arms Act (V of 2013), S. 23(1)(a)Anti-Terrorism Act (XXVII of 1997), S. 7

Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, possessing illicit weapon, act of terrorism

Appreciation of evidence

Benefit of doubt

Criminal record of accused

Scope

Prosecution case was that the accused persons made firing upon the police party, the police also fired in retaliation, resultantly, two persons received firearm injuries and died on the spot

In the present case, the record did not show any CRO of the deceased accused or the accused/ appellant

Prosecution had not mentioned any criminal record of the accused/appellant and the deceased in the challan, nor even before that Court any impression had been given that the accused persons were hardened criminals and, therefore, their immediate killing could be justified by the police

Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt

Appeal against conviction was allowed, in circumstances.

2017 PCrLJN 241 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 302 & 34Qatl-i-amd, common intentionAppreciation of evidenceBenefit of doubtCriminal record of accused

Copies of First Information Reports, 21 in numbers, registered against the deceased wherein the deceased figured either as accused or complainant suggested that a formidable past was hounding him with a good number of foes and adversaries looking for an opportune moment to settle the score

Circumstances created doubt about the involvement of the accused persons in the commission of offence

Accused persons were acquitted in circumstances by setting aside conviction and sentence recorded by the Trial Court.