SHER MUHAMMAD vs ANTI-TERRORISM COURT NO — 2023 YLR 541 KARACHI-HIGH-COURT-SINDH

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SHER MUHAMMAD VS ANTI-TERRORISM COURT NO.IV, KARACHI DIVISION Ss. 324, 353, 384, 385, 386 & 34---Sindh arms act (V of 2013), S.23(1)(a)---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, extortion, putting a person in fear of injury in order to commit extortion, extortion by putting a person in fear of death or grievous hurt, common intention, possessing illicit arms, act of terrorism---appreciation of evidence---Delay of four days in lodging FIR---Scope---Prosecution case was that the accused demanded extortion money from complainant and his father, issued threats of dire consequences to them, police tried to apprehend them when they reached for collecting extortion money, on seeing police, accused made firing upon police, in retaliation police also made firing, due to which accused persons were hit and fell down and were apprehended---First Information Report was lodged after a four days delay and such delay could be fatal to the prosecution case---Based on the particular facts and circumstances of the case, such delay was not found fatal to the prosecution case that the FIR was not lodged until four days after the original demand for extortion as often in such type cases the complainant hoped that the extortion demand would not be carried through and as in that case often out of fear of reprisals the complainant was reluctant to immediately lodge the FIR---In any event the FIR was against unknown persons as such there was no attempt by the complainant or the police to cook up a false case against the accused otherwise he would have been named in the FIR---Complainant also had no proven enmity with the accused and thus had no reason to implicate him in a false case---In addition neither the prosecution had received any undue benefit from the delayed FIR nor had the delay in lodging the FIR caused any prejudice to the accused and as such based on the particular facts and circumstances of the case delay in lodging the FIR was not found to be fatal to the prosecution's case---Circumstances established that the prosecution had proved its case against the accused, however the offences did not fall within the purview of the anti-Terrorism act as such accused was acquitted of the offences under the anti-Terrorism act---appeal was dismissed by maintaining the convictions and sentences with regard to offences under anti-Terrorism act.

SHER MUHAMMAD vs ANTI-TERRORISM COURT NO — 2023 YLR 541 KARACHI-HIGH-COURT-SINDH

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