MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN vs State Ss — 2024 PCrLJ 33 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN VS State Ss. 302(b), 324 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Statement of sole eye-witness doubtful---accused was charged that he along with his co-accused committed murder of the father of complainant along with two others by firing---Prosecution's case rested exclusively on the evidence of the sole eye-witness to the incident---Timing of statement of the eye-witness under S. 161, Cr.P.C., appeared to be in some doubt---First responder stated in his evidence that the eye-witness approached him at the crime scene and told him that he had seen the incident but he did not record his statement---First Investigating Officer apparently recorded the S. 161, Cr.P.C. statement of the eye-witness a day after the incident and then sent him off to the Counter Terrorism Department (CTD) to draw up sketches of the accused---Second Investigating Officer in his evidence however stated that there was no eye-witness in the police file handed over to him and that there was no statement of eye-witness in the file---Said Investigating Officer did not get the sketches of the accused drawn by the eye-witness---Third Investigating Officer who took up the investigation two years after the incident came to know of eye-witness and tracked him down who then recorded his S. 161, Cr.P.C statement wherein he stated that he could recognize the accused if he saw them again---admittedly, it was a day time incident but the eye-witness would only have got a fleeting glance of the accused especially during the chaotic firing at the deceased and on him which led him to flee the scene and he had never seen either of the accused before that day---Said witness conceded during cross-examination that in his S. 161, Cr.P.C. statement he did not mention whether or not he saw the accused firing on the deceased---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---appeal against conviction was allowed, in circumstances.

MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN vs State Ss — 2024 PCrLJ 33 KARACHI-HIGH-COURT-SINDH

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