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---Benefit of doubt---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 there was exchange of fires from both the sides, but none from the Police personnel, who were four in number, sustained any injury/scratch in the encounter ensuing after alleged indiscriminate firing by five accused persons ridding on three motorcycles---However, it was, indeed, something beyond comprehension that only one accused, out of five, sustained injury during encounter, but the complainant and other members of the police party escaped unhurt and did not receive a single scratch despite the fact that they were in the close proximity of five accused persons i.e. from 20 meters and the encounter remained continued for about 10/15 minutes as deposed by the complainant---Even the Medical Officer did not say as to whether the accused sustained injury from front or back side---Besides, the FIR showed that five persons riding on three motorcycles opened firing on the police party, the moment they were signalled to stop, without any indication in the FIR that either they first got down from the motorcycles and then started firing at the police party or made fires on the police straight from their motorcycles---Bare perusal of the FIR revealed simultaneous firing by all the five accused named in the FIR and in reply thereof the police personnel, who were four in number, returned the fires in self-defence whereupon accused became injured, but none of the witnesses had deposed that with which firing he sustained injury---Story set-forth in the FIR, thus, seemed to be self-made and 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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