Iftikhar Ali vs State Ss — 2026 YLR 945 KARACHI-HIGH-COURT-SINDH

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Iftikhar Ali VS State Ss. 341, 336-B & 34---anti-Terrorism act (XXVII of 1997), Ss. 6 & 7---Wrongful restrain, causing itlaf-salahiyyat-i-udw, common intention, act of terrorism---appreciation of evidence---Dishonest improvements made by witnesses---accused were charged that they stopped the complainant and her brother from going to Court and the accused threw acid on complainant which fell on her forehead, arms, chest and feet---Complainant had produced herself being the victim and her brother and an eye-witness---Direct evidence of the complainant cum victim regarding the incident would be relevant to examine the veracity of the judgment impugned---Complainant was subjected to cross-examination and during her cross-examination she had admitted that she had not given the name of eye-witnesses of incident when she had filed application under S.22-a & B of Cr.P.C.---Moreover, it was incomprehensive that complainant had not given the names of an eye-witnesses of incident, in her application under S.22-a & B, Cr.P.C, when one of the eye-witness was the real brother of the complainant, while her husband was behind bars at that time---Subsequently when the complainant filed a direct complaint she had given the name of three persons as eye-witnesses including her brother without any explanation for not mentioning the name of eye-witness (her brother) before the Justice of Peace---another aspect of the present case was that the complainant in her application under S.22 a & B, Cr.P.C, did not mention that after the acid attack she had approached the Court of Judicial Magistrate---Complainant had admitted that she had not mentioned about the detail of weapon held by each appellants---However, when the complainant had subsequently filed complaint, she had given details of weapons---When name of an eye-witness was missing from a statement, it could raise serious question about the reliability of statement and the witness's role in the incident potentially impacting the case---any improvement through statement towards change of version from its previous one or a contradictory statement of a witness which on the veracity of the evidence of the witness did not confirm or was not in the line with the testimony would cause doubt on the veracity of the evidence of the witness---Improvements once found to be deliberate and dishonest would cast serious doubts on veracity of such witness---Firstly, the complainant failed to convince Police Official, then Justice of Peace was also not inclined towards the version of complainant and lastly the community elders had also not appreciated the complainant, despite the seriousness of allegations of acid throwing attack---Said aspect alone had shattered credibility of complainant---Women Medical Office though had given the details of injuries but negated the incident of acid throwing attack---appeal against conviction was allowed, in circumstances.

Iftikhar Ali vs State Ss — 2026 YLR 945 KARACHI-HIGH-COURT-SINDH

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