AHMER vs State Ss — 2022 PCrLJ 1279 KARACHI-HIGH-COURT-SINDH

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AHMER VS State Ss. 302, 324, 353, 109, 148, 149 & 34---Sindh arms act (V of 2013), S. 23(1)(a)---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, abetment, rioting armed with deadly weapon, unlawful assembly, common intention, possessing illicit weapon, act of terrorism---appreciation of evidence---Identification of accused---Scope---Record showed that the complainant was present as an eye-witness throughout the incident at the scene arrested all the accused on the spot and recovered fire arms from them---Evidence of complainant accorded with the FIR which was lodged with promptitude and was not significantly improved on---Complainant had no ill will or enmity with any of the accused and had no reason to implicate them in a false case---Evidence of complainant was not dented during a lengthy cross-examination and he gave his evidence in a straight forward manner which was found to be reliable, trust worthy, confidence inspiring and was believable---Complainant recognized all the accused, as those whom he arrested after the encounter in court---Evidence of the complainant was corroborated in all material respects by another Police Officer who was present as an eye-witness throughout the incident at the scene and was mashir of the arrest and recovery made from the accused---Station House Officer was injured by firearm at the scene and his evidence fully corroborated the prosecution case---Said witness/SHO recognized all the accused in court as having taken part in the encounter---Circumstances established that the prosecution had proved its case beyond a reasonable doubt---appeal was dismissed accordingly.

AHMER vs State Ss — 2022 PCrLJ 1279 KARACHI-HIGH-COURT-SINDH

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