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---Criminal Procedure Code (V of 1898), S. 103---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---Non-association of private witness---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 main road and firing was exchanged from both sides, therefore, the possibility of presence of private persons at road could not be ruled out---Record showed that recovery was allegedly made from a road in a populated area, but police did not make any effort to persuade any person from the locality or for that matter the public was asked to act as witness of arrest and recovery proceedings---Bare perusal of record revealed that the place of occurrence was located in a populated area on a busy road and it was admitted by complainant in his cross-examination that he did not call any private witness to attest the arrest and recovery proceedings---Manner of recovery as narrated through evidence recorded by the Police Officials had lost its sanctity---Some plausible explanation had to be on record that actually attempts were made to associate any independent witness from the locality, when otherwise under the circumstances of the case the accused had pleaded their false implication and even denied their arrest from the place of occurrence or at the time as shown by the prosecution---association of an independent witness was necessary to attest the arrest and recovery proceedings, but admittedly no such efforts were made either by the complainant or by the Investigating Officer while conducting site inspection, which had caused serious dent to the prosecution case--- 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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