ABDUL WASAY JOKHIO vs State Ss — 2024 YLR 962 KARACHI-HIGH-COURT-SINDH

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ABDUL WASAY JOKHIO VS State Ss. 302(b), 324, 223, 224 & 34---anti-Terrorism act (XXVII of 1997), S.7---Qatl-i-amd, attempt to commit qatl-i-amd, escape from confinement or custody negligently suffered by public servant, resistance or obstruction by a person to his lawful apprehension, common intention, act of terrorism---appreciation of evidence---First Information Report lodged with promptitude within two hours of the occurrence---Effect---Prosecution case was that the accused persons while in police custody made firing upon the Police Constables and ran away, and due to firing one Police Constable died and another was seriously injured---In the present case, the FIR was lodged with promptitude and the accused was named in the FIR---If there was any slight delay in lodging the FIR i.e. after two hours this was because two police man had been shot and needed to be taken to hospital as an emergency---One of whom expired and as such the slight delay in lodging the FIR had been fully explained and as such that slight delay was not fatal to the prosecution case---accused was named in the FIR as he was being transported from the Police Station to Court by Police Officers, two of whom he shot---Thus, it was known who the accused were and there was no time to cook up a false case against them especially as the third Police Officer who accompanied them, was accused of negligence in their escape and confirmed that this was what actually happened---Furthermore, the complainant had no enmity with the accused and had no reason to falsely implicate him and that slight delay in lodging the FIR had not benefited the prosecution or prejudiced the accused---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---appeal against conviction was accordingly dismissed.

ABDUL WASAY JOKHIO vs State Ss — 2024 YLR 962 KARACHI-HIGH-COURT-SINDH

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