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---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Delay of about nine days in lodging the FIR---Effect---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---Incident had taken place on 23.06.2003 and yet the statement of deceased/complainant under S. 154, Cr.P.C. which formed the basis of the FIR, was recorded on 02.07.2003---Prosecution had tried to justify the delay based on the fact that the complainant was so seriously injured that it was not possible to record his statement before that time---admittedly, the complainant was seriously injured and he was operated on and kept in the ICU---Medical Officer, who first received the injured at hospital, stated in his cross-examination that the injured was in a position to make a statement---Even Medico Legal Certificate of victim revealed that on admission to the hospital, he was conscious---Statement under S.154, Cr.P.C. of victim could have been recorded without delay---Even otherwise there was no evidence to suggest that the complainant was completely comatose and unable to make a statement before 02.07.03---To wait for the complainant to gain consciousness before recording his statement S. 154, Cr.P.C. was not essential---Prosecution did not adequately explain the delay in registering the FIR after a lapse of nine days especially as there were others available who could have readily and quite capably registered the FIR as they were well aware of the basic facts of the incident---Circumstances established that the prosecution had failed to prove its case against the accused---appeal against conviction was allowed, in circumstances.

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

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