ARSLAN SANJRANI vs State Ss — 2023 YLR 1311 KARACHI-HIGH-COURT-SINDH

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ARSLAN SANJRANI VS State Ss. 302(b), 354 & 355---anti-Terrorism act (XXVII of 1997), Ss. 6 & 7---Qatl-i-amd, assault or criminal force to woman with intent to outrage her modesty, assault or criminal force with intent to dishonour person otherwise than on grave provocation, acts of terrorism---appreciation of evidence---Previous enmity---accused was charged for throwing acid at the face of daughter of the complainant, due to which the face, right eye and other parts of her body were burnt and she died---No material had been brought on record by the accused to show that the deep-rooted enmity existed earlier between the parties, which could have been the reason for false involvement of the accused in that case, particularly when it was a case of single accused---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal against conviction was dismissed accordingly. Citation Name: 2023 YLR 1311 KARACHI-HIGH-COURT-SINDHBookmark this Case ARSLAN SANJRANI VS State Witness--- Interested witness---Reliance---Scope---Interested witness is not the one who is relative or friend but is the one who has a motive to falsely implicate an accused. Citation Name: 2023 YLR 1311 KARACHI-HIGH-COURT-SINDHBookmark this Case ARSLAN SANJRANI VS State Statement--- Minor contradiction---Scope---Minor contradictions, which were always available in each and every case as no one could give evidence like photograph, may be ignored. Citation Name: 2023 YLR 1311 KARACHI-HIGH-COURT-SINDHBookmark this Case ARSLAN SANJRANI VS State Ss. 302(b), 354 & 355---anti-Terrorism act (XXVII of 1997), Ss. 6 & 7---Qatl-i-amd, assault or criminal force to woman with intent to outrage her modesty, assault or criminal force with intent to dishonour person otherwise than on grave provocation, acts of terrorism---appreciation of evidence---accused was charged for throwing acid at the face of daughter of the complainant, due to which the face, right eye and other parts of her body were burnt and she died---Motive behind the occurrence was that the accused demanded hand of victim and on refusal, he committed the offence---Eye-witnesses have sufficiently explained the date, time and place of occurrence as well as each and every event of the occurrence in clear-cut manner---Parties were known to each other as was evident from their evidence and that was a day time incident, so there was no chance of mistaken identity of the accused---No substance has been brought on record by the accused to justify his false implication in the case at the hands of the complainant party on account of the previous enmity---Ocular evidence was corroborated by medical evidence and with statement of deceased recorded by the police as well as journalist---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal against conviction was dismissed accordingly. Citation Name: 2023 YLR 1311 KARACHI-HIGH-COURT-SINDHBookmark this Case ARSLAN SANJRANI VS State Witness---Related witness---Scope---Mere relationship of the eye-witness with the deceased alone is not enough to discard the testimony of the said witness. Citation Name: 2023 YLR 1311 KARACHI-HIGH-COURT-SINDHBookmark this Case ARSLAN SANJRANI VS State Previous enmity---Plea of accused that he had been implicated in the crime on account of previous enmity---Scope---Accused, in the matter of capital punishment, would not stand absolved by making a mere allegation of dispute/ enmity but would require to bring on record that there had been such a dispute/enmity which could be believed to have motivated the natural witnesses in involving the innocent at the cost of the escape of real culprits---If the natural witnesses are in blood-relations then normally the possibility of substitution becomes rare. Citation Name: 2023 YLR 1311 KARACHI-HIGH-COURT-SINDHBookmark this Case ARSLAN SANJRANI VS State Ss. 302(b), 354 & 355---anti-Terrorism act (XXVII of 1997), Ss. 6 & 7---Qatl-i-amd, assault or criminal force to woman with intent to outrage her modesty, assault or criminal force with intent to dishonour person otherwise than on grave provocation, acts of terrorism---appreciation of evidence---Motive was proved---Effect---accused was charged for throwing acid at the face of daughter of the complainant, due to which the face, right eye and other parts of her body were burnt and she died---Motive behind the occurrence was that the accused demanded hand of victim and on refusal, he committed the offence---Motive which was setup in the FIR had been proved by they prosecution by producing trustworthy and confidence inspiring evidence---Evidence of eye-witnesses were found to be reliable, trustworthy and confidence inspiring that accused was demanding hand of the deceased for marriage and on refusal, he had thrown the acid upon her---Despite rejection of proposal of accused for marriage by deceased accused demonstrated extreme violence by throwing acid upon the deceased---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal against conviction was dismissed accordingly. Citation Name: 2023 YLR 1311 KARACHI-HIGH-COURT-SINDHBookmark this Case ARSLAN SANJRANI VS State Ss. 302(b), 354 & 355---anti-Terrorism act (XXVII of 1997), Ss. 6 & 7---Qatl-i-amd, assault or criminal force to woman with intent to outrage her modesty, assault or criminal force with intent to dishonour person otherwise than on grave provocation, acts of terrorism---appreciation of evidence---aggravating circumstances---Scope---accused was charged for throwing acid at the face of daughter of the complainant, due to which the face, right eye and other parts of her body were burnt and she died---In the present case, one innocent young girl was murdered by throwing acid upon her---In the presence of aggravating circumstances whereby the deceased received six separate burn injuries and the need to discourage such kind of offences which were regrettably most common and remained so, a deterrent sentence was the appropriate one---appeal against conviction was dismissed, in circumstances. Citation Name: 2023 YLR 1311 KARACHI-HIGH-COURT-SINDHBookmark this Case ARSLAN SANJRANI VS State Confession--- Judicial / extra-judicial confession--- Scope--- Judicial or extra-judicial confession could be made sole basis for conviction of an accused, if the court was satisfied and had believed that it was true and voluntary and was not obtained by torture, coercion or inducement. Citation Name: 2023 YLR 1311 KARACHI-HIGH-COURT-SINDHBookmark this Case ARSLAN SANJRANI VS State Ss. 302(b), 354 & 355---anti-Terrorism act (XXVII of 1997), Ss. 6 & 7---Qatl-i-amd, assault or criminal force to woman with intent to outrage her modesty, assault or criminal force with intent to dishonour person otherwise than on grave provocation, acts of terrorism---appreciation of evidence---Extra-judicial confession--- Scope---accused was charged for throwing acid at the face of daughter of the complainant, due to which the face, right eye and other parts of her body were burnt and she died---accused made extra-judicial confession before a journalist---Said journalist was the independent witness, having no enmity with the accused and the extra-judicial confession recorded by him was true and voluntary---Said witness during cross-examination replied that when he was recording the statement in camera of the accused in the lockup, there was no Police Official available in the lockup and further stated that accused was not under harassment as he observed---Likewise Superintendent of Police (Investigation) stated that at the time of recording the statement of the accused he got removed his handcuff and turned out the other police staff from his office then made inquiry from accused---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal against conviction was dismissed accordingly.

ARSLAN SANJRANI vs State Ss — 2023 YLR 1311 KARACHI-HIGH-COURT-SINDH

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