Ahmed Ali alias Zohaib vs State Ss — 2026 YLR 1270 KARACHI-HIGH-COURT-SINDH

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Ahmed Ali alias Zohaib VS State Ss. 395, 452, 337-L(2) & 506(2)---Criminal Procedure Code (V of 1898), S. 103---Dacoity, house-trespass after preparation for hurt, assault, or wrongful restraint, hurt, criminal intimidation---Appreciation of evidence---Non-association of private witnesses---Effect---Accused were charged for entering into the house of complainant, causing injuries to her and taking away gold, silver ornaments and cash of Rs. 50,000/- and extending threats of dire consequences---Complainant admitted in her cross-examination that one of the mashir was her brother, whereas other mashir was his son---Therewere various house of neighbours, despite that none of the independent person of the locality was associated as mashir, instead the persons having blood relations with complainant were associated as mashirs, although they were not residing in the same compound where the complainant and accused were residing---Complainant also admitted that on the day of incident police visited the place of incident and then went away without preparing any document; however, in the same breath she took a somersault and deposed that the documents were prepared there---Husband of complainant/witness admitted in his cross-examination that he had moved application in respect of first incident, which allegedly took place on 23.5.2021, to SSP Office on 4.6.2022 viz. the date when second incident allegedly took place---No explanation had been offered as to why he reported the matter after such delay---Said witness also admitted in his cross-examination that after receiving certificate regarding injury allegedly sustained by complainant, they never went to police station but they directly approached the Court and filed application under S.22-A, Cr.P.C. for registration of FIR---In this view of the matter, there was apparent delay in lodging the FIR because it was not their case that after issuance of Medico-Legal Certificate, they went to police station immediately but police did not register their FIR, instead they directly approached the Court for getting directions for registration of FIR---Admittedly, one mashir was brother of complainant, whereas second mashir was his son, thus were closely related to complainant party---No explanation had come forward from the prosecution as to why independent persons of the locality were not associated as mashirs or witnesses, thus there also seemed to be violation of the provision of S.103, Cr.P.C. which was mandatory requirement of the law---In view of said lacunas, admissions made by witnesses and contradictions in their evidence, serious doubts had been created in the prosecution case---Appeal against conviction was allowed, in circumstances.

Ahmed Ali alias Zohaib vs State Ss — 2026 YLR 1270 KARACHI-HIGH-COURT-SINDH

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