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 one hour and forty five minutes in lodging the FIR---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---Incident alleged to have taken place at 12.45 a.m. and according to complainant and mashir they completed the formalities at spot within half an hour and then came back at Police Station in ten minutes, meaning thereby that the complainant reached Police Station at 1.25 a.m., but admittedly the FIR had been lodged at 2.30 a.m. viz after one hour and forty five minutes of the incident and after one hour and five minutes of reaching the complainant at Police Station---Prosecution had not been able to furnish any explanation with regard to delay in lodging of FIR---Presumption would be drawn that FIR had been lodged after due deliberations and consultations---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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