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---Contradictions in the statements of witnesses---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---Police, in retaliation, made firing in self-defence, due to which one of the culprits sustained bullet injury and was arrested---Record showed that the complainant had stated that the accused were at a distance of 20 meters from police party when encounter took place and it continued for about 10/15 minutes, however, mashir had stated that distance between accused and the police party during encounter was about 17/18 paces and it continued for two minutes---Complainant had stated that he prepared memo of arrest and recovery by placing the paper on the bonnet of police mobile in the torch light of his cell phone and it took about 10 minutes in preparing the same---according to mashir, the memo of arrest and recovery was prepared while placing the paper on the bonnet of police mobile in the street light and it took about 20 minutes in preparing the same---Complainant had stated that he called ambulance from his cell phone and it arrived within 15 minutes and then he shifted the injured accused to Hospital through Police Constable but mashir had not deposed so---Complainant had further admitted in cross-examination that he had not associated driver of ambulance to act as mashir---Said position had demolished the case as set up in the FIR and also shattered the entire fabric of the testimony of witnesses as unsafe to rely upon---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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