OWAIS vs State Ss — 2022 PCrLJ 920 KARACHI-HIGH-COURT-SINDH

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OWAIS VS State Ss. 324, 353 & 34---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, act of terrorism---appreciation of evidence---Benefit of doubt---Prosecution case was that when the police party signalled the accused to stop, they made direct firing on the police party with the intention to commit their qatl-i-amd---Police also fired in self defence due to which one accused sustained injury and was apprehended, whereas the remaining made their escape good---Record showed that the prosecution story appeared to be unnatural and unbelievable for the reasons that according to prosecution case an encounter took place at 5:40 a.m. between accused and police party, said to be a case of cross-firing, with automatic weapons wherein one accused was caught hold in injured condition, whereas other two accused made their escape good---Quite unbelievable, for the reason that alleged encounter continued for considerable time with automatic weapons, however, not a single injury/scratch was caused to any Police Official, any passerby or to police mobile and it hit only to the accused while selecting his ankle---Except bullet injury no bruise or abrasion had been found by the Medical Officer though the accused after receiving injury fell down on the ground from the motorcycle, which was, according to the prosecution case, in a high speed---Even no one from the police tried to chase and catch hold of other two accused, who ran away from the place of incident---assertion that accused was armed with pistol, but he did not resist his arrest and easily surrendered himself before the police seemed to be illogical---Evidence of Police Officials in the peculiar circumstances, required independent corroboration, which was lacking in the case---High Court observed that defence pleas raised by the accused that they were picked up by the police from their house/work place and weapons were foisted upon them in fake police encounter appeared to be plausible, however, the Trial Court disbelieved the same without assigning any reason---Based on the evidence led, the prosecution story regarding a police encounter did not appeal to logic and the benefit of the doubt must go to the accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of reasonable doubt---appeal against conviction was allowed, in circumstances.

OWAIS vs State Ss — 2022 PCrLJ 920 KARACHI-HIGH-COURT-SINDH

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