ABDUL RAHEEM DAYO vs State Ss — 2024 YLR 1157 KARACHI-HIGH-COURT-SINDH

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ABDUL RAHEEM DAYO VS State Ss. 302(b), 319 & 337---Railways Act (IX of 1890), Ss. 101, 126, 127 & 128---Qatl-i-amd, qatl-i-khata, jaifah, endangering the safety of the persons by any rash or negligent act or omission, intentional acts, omissions and negligence of functionaries, maliciously hurting or attempting to hurt persons travelling by railway or damaging property belonging to railway---Appreciation of evidence---Rule of consistency---Prosecution case was that due the negligence of accused, accident of train took place, and resultantly, 15 lives had been lost whereas 44 passengers had sustained grievous injuries---Record showed that charge was framed against four accused persons---Same allegations had been levelled against all the four accused despite that the accused had been convicted while other three accused persons had been acquitted of the charge---From perusal of the contents of FIR, it was found that it had been mentioned therein that on enquiry at the spot, it was disclosed that due to negligence in duty by three accused persons, incident had taken place---However, the prosecution had not furnished any plausible explanation/ justification that when in the FIR the allegations regarding negligence due to which said accident had allegedly taken place, had been attributed to all three accused persons named in the FIR, then as to how and why the other two persons had been exonerated from the charge and had been arrayed as prosecution witnesses, whereas the accused had been sent up for trial---In that view of the matter, the rule of consistency came into play---Circumstances established that the prosecution had not succeeded in proving its case against the accused---Appeal was accordingly allowed.

ABDUL RAHEEM DAYO vs State Ss — 2024 YLR 1157 KARACHI-HIGH-COURT-SINDH

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