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---Night time occurrence---Source of light---accused were charged that they made firing upon the complainant party, due to which two persons died whereas two persons sustained firearm injuries---Due to religious dispute occurrence took place---Narration of occurrence given by witnesses was repellent to common sense---Record showed that it was a night occurrence and witnesses were sitting in the double cabin vehicle---Though it had been mentioned that witnesses identified the culprits in the lights of the said vehicle yet it was hardly believable that they could see the assailants when they had been firing desperately---all the witnesses were equally under direct and immediate threat of death but still, they were able to give a photographic narration of the occurrence by attributing fire shots at the deceased and injured at the hands of ten accused persons at a distance of 40/50 paces---Moreover, it was observed that the only source of light available with the witnesses by which they saw the accused firing at the deceased was the headlights of the double cabin vehicle but the said double cabin vehicle was not produced before the court---after scanning the record it transpired that the police had also not taken into possession the vehicle in which the alleged eye-witnesses were travelling and they witnessed the occurrence in the light of the vehicle---Mashirnama of inspection of the vehicle was also scanned but nothing was mentioned in it about the availability of searchlights or the headlights of the vehicle which was the source of identification---In the circumstances of the case at hand, the identification of the accused in the headlights of the vehicle was a weak type of evidence---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of any doubt---appeal against conviction was accordingly allowed.

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

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