Law: Pakistan Penal Code (PPC),1860

Section: 34

SUMMARY The appeal was allowed because the prosecution failed to prove the appellant’s presence and role at the crime scene beyond reasonable doubt, and the conviction was set aside with acquittal granted. The court relied on the criminal law principle that even a single reasonable doubt entitles the accused to benefit of doubt. The case involved offences arising from firing on police officials during patrolling, but the court found contradictions in the identification evidence, delayed identification proceedings, and improved versions of witnesses. In particular, the court noted that the prosecution could not reliably establish the appellant’s participation under section 34 PPC, because common intention alone is not enough unless presence and involvement are first proved beyond doubt; therefore, the appellant was acquitted by giving him the benefit of doubt under the settled rule of criminal jurisprudence.                    (iii)         2. Brief facts of the prosecution case are that on 17.03.2015, complainant HC Javaid Aijaz of P.S Ferozabad, Karachi along with police party during patrolling, at 2055 hours, reached near Sughra Masjid, Khalid Bin Waleed Road, Block-III, PECHS, Karachi where he signaled two suspicious persons riding on a Motorcycle to stop, to which they opened straight firing on them with intention to kill them, and deterred them from discharging their duty.  As a result of such firing, PC Maarfat Shah and PC Mehtab Ahmed received injuries and they fell down on the ground. In retaliation, one accused received bullet injuries, but they succeeded to make their escape good from the crime scene leaving behind their motorcycle, both the injured police constables were taken to Jinnah Hospital, Karachi for their treatment but, on the way to the Hospital, injured PC Maarfat Shah succumbed to the injuries. Hence registration of the FIR. 3. him as absconder. The Trial Court after completing the formalities, vide order dated 27.07.2015, directed for keeping the case on dormant file. On 20.06.2017, the appellant was…