MUHAMMAD AAMIR vs State Ss — 2022 YLR 484 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD AAMIR VS State Ss. 302, 324, 109 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Criminal Procedure Code (V of 1898), S.161---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Delay in recording the statements of witnesses by police---Scope---Prosecution case was that the accused persons and two unknown culprits started firing at the passengers of the passenger van during the course of which the complainant and a passenger sustained bullet injuries, who were shifted to the hospital where injured passenger succumbed to the injuries---Record showed that none of the eye-witness's who knew that accused had instigated the murder of their friends and fellow party workers came forward and gave his statement under S.161, Cr.P.C. to the police in 10 to 12 days of the incident---Such silence had not been explained at all and under the circumstances was quite inexplicable---Delay in recording statement under S.161, Cr.P.C. of an eye-witness even after 48 hours was fatal to the evidence of that eye-witness unless a good explanation was given---No explanation was given for such delay---Inference was that the eye-witnesses were busy in cooking up a false case against the accused---all the eye-witnesses came forward to record their statements under S. 161, Cr.P.C. at around same time rather on different dates and that their statements were almost identical which had again given a strong indication that they were cooking up a false case against the accused while the FIR was being delayed---appeal against conviction was allowed, in circumstances.

MUHAMMAD AAMIR vs State Ss — 2022 YLR 484 KARACHI-HIGH-COURT-SINDH

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