MUHAMMAD YOUNIS alias BONA vs State Ss — 2022 YLR 924 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD YOUNIS alias BONA VS State Ss. 324, 353, 186, 147, 148 & 149---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, obstructing public servant in discharge of public functions, rioting, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Delay of seven days in sending the weapon and crime empties for analysis---Scope---Prosecution case was that the police party signalled the accused party, but they started firing on police with intention to kill and also deterred them from discharging their lawful duties, in retaliation, police made firing in self-defence, due to which one of the culprits sustained bullet injury and was arrested---Record showed that the weapons and empties alleged to have been recovered had been received in the office of Forensic Division after seven days of its recovery---Delay in dispatching the case property to the office of Forensic Division had not been explained---Neither the name of Police Official, who had taken the case property to the office of Forensic Division, had been mentioned nor examined by the prosecution at trial in order to prove safe transit to the expert---Report of expert, issued by the office of Forensic Division, described three empties of 30 bore pistol whereas the case of the prosecution was that four empties of 30 bore pistol were secured from the scene of offence---Report also reflected that the weapons and empties were received in the laboratory after seven days of its recovery---Prosecution thus had failed to substantiate the point of safe custody of case property and its safe transit to the expert through cogent and reliable evidence---Recovery on the face of it seemed to be doubtful---another feature which had caused serious dent to the prosecution case was that the prosecution neither produced the weapons allegedly recovered from the possession of accused and the empties alleged to have been secured from the place of incident at trial nor exhibited the same in the evidence as articles---Nothing had been brought on record with regard to non-production of case property at trial except that the same had been lost---Entire record was silent with regard to cause of loss of the case property---Even the same had not been shown to the accused at the time of recording their statements under S.342, Cr.P.C.---Circumstances established that the prosecution had failed to discharge its onus of proving the guilt of the accused beyond shadow of reasonable doubt---appeal against conviction was allowed, in circumstances.

MUHAMMAD YOUNIS alias BONA vs State Ss — 2022 YLR 924 KARACHI-HIGH-COURT-SINDH

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