MUHAMMAD SOHAIL vs State Ss — 2023 YLR 704 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD SOHAIL VS State Ss. 324, 353 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Benefit of doubt---Material discrepancies and lacunas existed in the prosecution evidence---Effect---Prosecution case was that the accused persons made firing upon police with intention to kill them, in retaliation and self defence, police party also started firing upon them, resultantly, one accused succumbed to injuries on the spot, while two other accused sustaining bullet injuries were apprehended by police---Record showed that not a single bullet fired by any of the accused and the deceased (who was found dead with a gun in his hand) hit the mobile of Police or Rangers, orany of the several police/rangers' officials involved in the encounter---To prove the encounter, the Investigating Officer had not even bothered to send official weapons for Forensic Science Laboratory to verify that the bullets which killed the deceased were in fact fired by the official weapons of Police Officials, who had admitted making fires upon the accused/ deceased---Deceased as per medical report received eight firearm injuries, four bullets pierced through his chest, one each hit his gluteal region, elbow joint, forearm and thigh, which made it to be a case of the deceased having been killed by a Firing Squad---Investigating Officer, in the cross-examination, had not solved the mystery that from where the Police Station Superhighway Industrial area police reached to the place of encounter and even the entry within the jurisdiction of the place of encounter had not been produced which literally reduced the case of prosecution to ashes---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 704 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD SOHAIL VS State Ss. 324, 353 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Benefit of doubt---Entry in roznamcha---Non-production of--- Effect--- Scope---Prosecution case was that the accused persons made firing upon police with intention to kill them, in retaliation and self defence, police party also started firing upon them, resultantly, one accused succumbed to injuries on the spot, while two other accused sustaining bullet injuries were apprehended by police---Record showed that the prosecution had failed to bring on record relevant entries of the Police Station to begin the action and/or entry at Police Station of other District to continue the action within the jurisdiction and/or any other entry showing presence of criminals at the place of encounter---Police was not justified in taking action against the accused and killing a man in the name of encounter---Roznamcha entries of departure and arrival of police was mandatory to prove the very presence of the police at the relevant time at the place of incident---Failure to produce entry of departure and arrival from police station had been declared a case of serious doubts in the prosecution story for which benefit had to go to the accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 704 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD SOHAIL VS State Ss. 324, 353 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Benefit of doubt---Delay of three days in sending the weapons and empties for forensic analysis---Effect---Prosecution case was that the accused persons made firing upon police with intention to kill them, in retaliation and self defence, police party also started firing upon them, resultantly, one accused succumbed to injuries on the spot, while two other accused sustaining bullet injuries were apprehended by police---In addition to the failure of prosecution to produce in Court the entire case property mentioned in the FIR particularly the pistol allegedly recovered from accused, the Forensic Science Laboratory Report had made the case of prosecution even more doubtful since safe custody of weapons and empties was not established---Investigating Officer had received case properties including weapons and empties and did not sent the weapons and empties immediately to the Forensic Laboratory and retained the same for three days with him---Investigating Officer had not explained that where had been the said weapons and empties during that period---No entry of handing over of the weapons and empties to any Malkhana incharge of Police Station had been produced by the Investigating Officer---Investigating Officer, in his cross-examination had categorically admitted that in his investigation report he had not mentioned cause of delay in sending weapon to Forensic Science Laboratory---Not only that, Investigating Officer had also confirmed in his cross-examination that on fabric bag in which weapon allegedly recovered from accused, name/signature of witness were not available---Said admission also confirmed that there was no justification for trial court to rely on Forensic Science Laboratory Report as a proof of alleged attack on the police by the accused party and even convict accused for the offences under S. 23(1)(a) of the Sindh arms act, 2013---Delay in sending the weapon to Forensic Science Laboratory was fatal to prosecution case---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 704 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD SOHAIL VS State Ss. 324, 353 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Prosecution case was that the accused persons made firing upon police with intention to kill them, in retaliation and self defence, police party also started firing upon them, resultantly, one accused succumbed to injuries on the spot, while two other accused sustaining bullet injuries were apprehended by police---Evidence of the star witnesses the complainant and one who participated in encounter, were more than enough to conclude that the entire story was false and concocted---Prosecution had failed to obtain corroboration of the story of complainant from the Rangers who were eye-witnesses as they were accompanying the police party in six mobiles---Complainant did not disclose name of anyone of the officials of Rangers---Statement of complainant that two Police Constables accompanied the injured and deceased to the hospital was contradicted by Medical Officer---Medical Officer did not mention names of said Police Constables in his deposition---Medical Officer categorically stated that the injured and dead body were brought by Inspector of Rangers, and therefore, he informed the police control---None of the Police Officer was accompanying the injured and deceased---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 704 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD SOHAIL VS State Ss. 324, 353 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Benefit of doubt---Lack of jurisdiction---Scope---Prosecution case was that the accused persons made firing upon police with intention to kill them, in retaliation and self defence, police party also started firing upon them, resultantly, one accused succumbed to injuries on the spot, while two other accused sustaining bullet injuries were apprehended by police---Prosecution had failed to produce any evidence against the accused persons showing their involvement in any crime that prompted the police party against the accused who at the relevant time were more than 35 miles away to rush to get hold of accused persons situated in the jurisdiction of Police Station in other District---according to the Police Rules, 1934, once the police of a District had received any information of offence in the jurisdiction of other District, the police of other District were required to take action only in accordance with the provision of S. 166, Cr.P.C read with Rr.25.3 & 25.4 of the Police Rules, 1934---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 704 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD SOHAIL VS State Ss. 324, 353 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Benefit of doubt---Recovery of pistol from the possession of accused and crime empties from the spot---Reliance---Scope---Prosecution case was that the accused persons made firing upon police with intention to kill them, in retaliation and self defence, police party also started firing upon them, resultantly, one accused succumbed to injuries on the spot, while two other accused sustaining bullet injuries were apprehended by police---One .30 bore pistol without number was allegedly recovered from accused---according to Forensic Science Laboratory Report, a .30 bore pistol sent to Forensic Science Laboratory had also rubbed number, however, at the trial before the court .30 bore rubbed number pistol was not produced---Complainant on seeing the case property confirmed that digit 1928/20 SPFa were engraved on the body of pistol produced before the court---Pistol recovered from the accused was not produced before the Court---Forensic report had completely contradicted the use of .30 bore pistol rubbed number by any of the accused persons for firing on the police since it was not produced in court---Consequently, the empties of .30 bore pistol, even if matched, would not be a proof of firing by the accused on the police party thirty .30 bore pistol and empties mentioned in Forensic Science Laboratory Report were not produced in Court---Likewise the allegation that five (5) shots from .9 mm pistol were fired by the deceased was also not proved---Forensic Science Laboratory Report showed that two of the empties were not fired from the .9mm pistol recovered from the deceased---Investigating Officer had not explained as to why he failed to produce the allegedly rubbed number pistol recovered from accused and from where he got two empties of .9mm pistol which did not match with .9mm pistol allegedly used by the deceased---Use of official weapon by police to kill one of the accused, too, was not proved since Investigating Officer had not sent official weapon to Forensic laboratory for matching thirteen empties of 9.62 x 39 mm weapon recovered from the scene of incident---Weapons recovered from the accused and empties from the crime scene had become highly doubtful in the light of documentary evidence of Forensic Science Laboratory Report---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court.

MUHAMMAD SOHAIL vs State Ss — 2023 YLR 704 KARACHI-HIGH-COURT-SINDH

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