MUHAMMAD SOHAIL alias KALOO alias FAHAD vs State Ss — 2024 YLR 470 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD SOHAIL alias KALOO alias FAHAD VS State Ss. 336-B & 337-L(2)---anti-Terrorism act (XXVII of 1997), S. 7---Hurt by corrosive substance (acid), causing hurt, act of terrorism---appreciation of evidence---Ocular account believable---accused was charged for sprinkling acid on the face of complainant, due to which, his face, neck, eyes and hands were burnt---Neither witness nor the complainant who lost his eye sight during the acid attack by the accused were dented during lengthy cross-examination---Evidence of said witnesses had not significantly improved upon their S. 161, Cr.P.C. statements and S.154 Cr.P.C statements respectively---Said witnesses had given their evidence in a straightforward and natural manner and in their evidence they were fully corroborative of each other in respect of meeting each other at school; falling in love; arranging a marriage with the consent of their parents; how the accused entered the picture and fell obsessively in love with lady witness; how accused threatened complainant to leave lady witness for him right up to the time when complainant saw the accused who he knew from the super market threatening phone calls of accused and throwing acid in complainant's face out of jealousy---Neither lady witness nor complainant had any ill will or enmity with the accused which would lead them to falsely implicate the accused in the case---accused was named in the FIR with the specific role of throwing acid/corrosive substance on the face of complainant---Evidence of said witnesses was found to be reliable, trust worthy and confidence inspiring and thus believable---Eyewitness corroborated the evidence of complainant in all material respects concerning the incident---Said witness was the eye-witness who saw the accused after throwing the acid on the complainant and running away from the house---Said witness lived at the house and was not a chance witness---admittedly, eyewitness was related to the complainant however he had no ill will or enmity with the accused and as such his evidence could be safely relied upon---Circumstances established that the prosecution had proved its case beyond reasonable doubt but due to non-production of mobile phones and CDR data, sentence of the accused under S. 336(b), P.P.C., was reduced from life imprisonment to 14 years imprisonment---appeal was dismissed with said modification in sentence.

MUHAMMAD SOHAIL alias KALOO alias FAHAD vs State Ss — 2024 YLR 470 KARACHI-HIGH-COURT-SINDH

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