SHAHID ALI vs State S — 2023 YLR 1204 KARACHI-HIGH-COURT-SINDH

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SHAHID ALI VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Recovery of incriminating material---Scope---Accused was charged for committing murder of the son of complainant---Evidence showed that accused attempted to commit sodomy upon the deceased boy---When the deceased refused, accused put piece of cloth on his mouth and stabbed multiple injuries on his chest and abdomen---Dead body of the deceased was then thrown by accused in the water tank attached to his shop---Blood, chappal and cloth were found in the shop of the accused by the Investigating Officer---Investigating Officer collected report of Chemical Examiner, which was positive---Investigating Officer also collected shalwar of the accused and it was found stained with human sperm as per report of Chemical Examiner---All the witnesses were cross-examined at length, who remained coherent on salient features of prosecution version---Circumstances established that the prosecution had proved its case against the accused beyond reasonable doubt---Appeal against conviction was dismissed, in circumstances. Citation Name: 2023 YLR 1204 KARACHI-HIGH-COURT-SINDHBookmark this Case SHAHID ALI VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Circumstantial evidence---Last seen evidence---Scope---Accused was charged for committing murder of the son of complainant---One witness had lastly seen deceased boy at the door of the shop of accused---Said witness had explained his presence in front of the shop of accused---Record reflected that house of the deceased boy was situated at the distance of 2/3 minutes from the shop of accused---Witness of last seen evidence had no enmity to falsely implicate the accused in the offence of a shocking nature of the crime committed with a child of tender age---Said witness had clearly explained that on the day of incident, he got stopped rickshaw at a Masjid for offering Asar prayers at 6:00 p.m.---Rickshaw was parked in front of the shop of the accused and he had seen a boy aged about seven years, was called by the accused who was present in his wielding shop---Deceased went inside the shop, then said witness after offering prayers went on the same Rickshaw to his house---Evidence of said witness was quite reliable and trustworthy, he had no motive to falsely implicate the accused in the murder case---No reason existed to disbelieve said witness---Trial Court had also rightly relied upon his evidence---Time mentioned by said witness was in line with time of occurrence in the FIR and probable time of death of deceased mentioned in the post-mortem report---Evidence of said witness was quite reliable and confidence inspiring as he had no motive to falsely implicate the accused in the case---Said witness had stated that he knew the deceased boy before that incident and the distance between the house of deceased and that witness was only half kilometre---Evidence of said witness was believable---No legal flaw or infirmity in the evidence of the said prosecution witness had been brought on record by the defence---Circumstances established that the prosecution had proved its case against the accused beyond reasonable doubt---Appeal against conviction was dismissed, in circumstances. Citation Name: 2023 YLR 1204 KARACHI-HIGH-COURT-SINDHBookmark this Case SHAHID ALI VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Medical evidence---Scope---Accused was charged for committing murder of the son of complainant---Medical evidence viz. post-mortem report and statement of Medical Officer, who conducted post-mortem examination of the deceased, supported prosecution case---Investigating Officer submitted positive report of Chemical Examiner regarding shalwar of accused which was found stained with human sperm---Opinion of Medical Officer showed that deceased sustained multiple injuries on his chest and abdomen---Accused attempted to commit sodomy with a child, when failed, due to fear he killed the boy---Circumstances established that the prosecution had proved its case against the accused beyond reasonable doubt---Appeal against conviction was dismissed, in circumstances. Citation Name: 2023 YLR 1204 KARACHI-HIGH-COURT-SINDHBookmark this Case SHAHID ALI VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Extra judicial confession---Scope---Accused was charged for committing murder of the son of complainant---Record showed that the accused was arrested on the next day of the incident and while in police custody, anchor/media person/witness interviewed him and it was telecasted---Accused admitted his guilt---Media person was examined and he had also no reason to falsely implicate the accused in the case---Said media person was independent witness---CD prepared by the said witness was played in the court and trial court rightly believed it---Extra judicial confession made before news anchor/ media person in the present case also inspired confidence because media person had no motive to falsely implicate the accused in the case---When evidence of media person was read in conjunction with other circumstantial evidence, it was found most reliable piece of evidence---Circumstances established that the prosecution had proved its case against the accused beyond reasonable doubt---Appeal against conviction was dismissed, in circumstances.

SHAHID ALI vs State S — 2023 YLR 1204 KARACHI-HIGH-COURT-SINDH

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