MUHAMMAD NAWAZ vs State Ss — 2024 YLR 670 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD NAWAZ VS State Ss. 302(b), 324, 353, 393 & 427---Sindh arms act (V of 2013), S.23(1)(a)---anti-Terrorism act (XXVII of 1997), S.7---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, robbery, mischief causing damage to the amount of fifty rupees, possessing illicit weapon, act of terrorism---appreciation of evidence---Delay of eleven hours in lodging the FIR explained satisfactorily---accused while committing robbery made firing upon guards and police, due to which one guard was injured and SIP died; police also made firing in retaliation, due to which two culprits sustained injuries and later on one died---Record showed that the FIR was lodged after a delay of eleven hours---Reason for the delay in lodging the FIR was that the complainant had to secure the site, take the injured to hospital which included the accused and his accomplice who later died of his injuries and the deceased who died after he was transferred to the hospital from the Medical Center on the same day, thus, the complainant's priority was to save life---Once that was done he returned to the Police Station and recorded his S.154, Cr.P.C statement which later became the FIR---Therefore, the delay in lodging the FIR was fully explained---Prosecution had not been benefited by the delay in lodging the FIR and the accused had not been prejudiced as they were both arrested on the spot in injured condition so there was no time for the police to cook up a false case against them---Furthermore, the complainant had no enmity with the accused and had no reason to falsely implicate him and as such the delay in lodging the F.I.R was not fatal to the prosecution case as the delay had been explained--- Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt, however, due to some extenuating circumstances, death sentence was converted into imprisonment for life---appeal was dismissed with said modification in sentence.

MUHAMMAD NAWAZ vs State Ss — 2024 YLR 670 KARACHI-HIGH-COURT-SINDH

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