ALI HASSAN vs State Ss — 2024 YLR 165 KARACHI-HIGH-COURT-SINDH

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ALI HASSAN VS State Ss. 302(b), 324, 109, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Benefit of doubt---Chance witnesses---Presence of complainant at the time and place of occurrence not proved---accused were charged that they made firing upon the complainant party, due to which two persons died whereas two persons sustained firearm injuries---Record showed that the presence of the complainant was not established nor his evidence in that respect was believable---Complainant stated that he was sitting on front seat of the vehicle, but surprisingly neither he nor his two guards had sustained any firearm injury---Complainant had disclosed that both the injured and deceased were sitting on the rear seat of the vehicle---Thus, it could not be believed by a prudent mind that the bullets were passing from complainant and were hitting the deceased and injured and he was noting the same---However, the complainant admitted in his cross-examination by stating that he was sitting on the front seat and at the time of firing he put his head down for some time and thereafter changed his sitting position to see the incident---accused were continuously making fire shots and it continued for about 5/6 minutes, however complainant did not receive any type of injury---Such evidence of the complainant was not believable as it was not possible that the bullet after crossing him without hitting him went and hitting a person sitting behind him---Further the complainant did not remember the names of those people who invited them on the night of the incident---all the said facts established that the complainant was not present at the time of the incident and he had disclosed the facts in the FIR on the narration of someone else, and thereafter also improved the case at the time of recording his evidence before the Trial Court---In such circumstances, the evidence of the complainant was not reliable nor trustworthy or confidence-inspiring---appeal against conviction was accordingly allowed.

ALI HASSAN vs State Ss — 2024 YLR 165 KARACHI-HIGH-COURT-SINDH

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