Kosar alias Munna vs State Ss — 2024 MLD 872 KARACHI-HIGH-COURT-SINDH

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Kosar alias Munna VS State Ss. 302(b), 324, 353 & 34---Sindh arms act (V of 2013), S.23(1)(a)---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, 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---First Information Report lodged with promptitude---Prosecution case was that an encounter took place which resulted into death of one accused and one on duty Police Constable---Record showed that the FIR was lodged with promptitude after only two hours of the incident and that slight delay was caused because the complainant was organizing taking the deceased to hospital where his life might have been saved and thereafter he lodged the FIR, as such he had no time to consult with the other police or anyone else in order to cook up a false case against the accused---Complainant's mind would have been in turmoil following the incident and at that point in time his main concern would have been the condition of his seriously injured colleague rather than putting together a false narrative in order to implicate the accused---Thus, it was found that there had been hardly any delay in lodging the FIR and even such slight delay had been fully explained---In any event the accused was named in the FIR as he was arrested on the spot and neither the prosecution had been benefited nor the accused prejudiced on account of such slight delay in lodging the FIR which based on the particular facts and circumstances of the case was not fatal to the prosecution case---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt for the offences under P.P.C---appeal against conviction was dismissed, in circumstances.

Kosar alias Munna vs State Ss — 2024 MLD 872 KARACHI-HIGH-COURT-SINDH

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