| Citation(s) |
|---|
| 2023 SLG 2284 2023 SLD 2284 2023 YLR 1947 |
Sindh High Court
Special Criminal Anti-Terrorism Appeals Nos. 237, 238, 242and 243 of 2019, decided on 9th February, 2022.Date ofhearing: 1st February, 2022.
Before Mohammad Karim Khan Agha and Khadim Hussain Tunio, JJ
Muhammad Irfan for Appellants (in Special Criminal Anti-Terrorism Appeals Nos. 237 and 238 of 2019).Muhammad Iqbal Awan, Additional Prosecutor General assisted by Rana Khalid and Mehmood Anwar, Special Public Prosecutors, Pakistan Rangers for
Respondent
Special Criminal Anti-Terrorism Appeals Nos. 237, 238, 242and 243 of 2019, decided on 9th February, 2022.Date ofhearing: 1st February, 2022.
Before Mohammad Karim Khan Agha and Khadim Hussain Tunio, JJ
Muhammad Irfan for Appellants (in Special Criminal Anti-Terrorism Appeals Nos. 237 and 238 of 2019).Muhammad Iqbal Awan, Additional Prosecutor General assisted by Rana Khalid and Mehmood Anwar, Special Public Prosecutors, Pakistan Rangers for
Respondent
MUHAMMAD DANISH and another---Appellants
VERSUS
The STATE---Respondent
Law: Penal Code (XLV of 1860)
Section: 302,120,34
Law: Anti Terrorism Act, 1997
Section: 7
(a) Penal Code (XLV of 1860)--- ----Ss. 302, 120 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Sindh Arms Act (V of 2013), S. 23(1)(a)---Qatl-i-amd, concealing design to commit offence punishable with imprisonment, common intention, possessing illicit weapon, act of terrorism---Appreciation of evidence---Delay of two days in lodging the FIR---Scope---Accused were charged for committing murder of the brother of complainant and his friend---Record showed that the FIR was lodged after a delay of two days---Reason for the delay in lodging the FIR was that the complainant had to go to the hospital to attend to the deceased and then arranged their burial and thereafter lodged the FIR---Delay in lodging the FIR had been explained---Importantly the FIR was against unknown persons and as such there was no attempt to falsely implicate the accused or any other body or else they might have been specifically named in the FIR---Complainant had no enmity with the accused and had no reason to falsely implicate them and as such it was found that the delay in lodging the FIR was not fatal to the prosecution case as the delay had been explained, the accused were not nominated in the FIR and as such the delay in filing the FIR has not benefited the prosecution or prejudiced the accused---Circumstances established that the prosecution had proved the case against the accused persons beyond a reasonable doubt---Appeal was dismissed accordingly. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 120 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Sindh Arms Act (V of 2013), S. 23(1)(a)---Qatl-i-amd, concealing design to commit offence punishable with imprisonment, common intention, possessing illicit weapon, act of terrorism---Appreciation of evidence---Ocular account of the incident---Scope---Accused were charged for committing murder of the brother of complainant and his friend---Ocular account of the incident had been furnished by sole eye-witness---Said witness lived close to the deceased and was not a chance witness---Said witness had seen the occurrence in broad day light from about 20 feet---Faces of accused were uncovered and thus he would have been able to get a good clear…
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