Law: Criminal Procedure Code (V of 1898)

Section: 161

Law: Pakistan Penal Code, 1860

Section: 34

SUMMARY The appeal was allowed because the prosecution failed to prove the appellant’s presence and role beyond reasonable doubt, and the conviction and sentence were set aside. The court found the identification evidence unreliable, especially since the witnesses had not described the culprits in the FIR or Section 161 Cr.P.C. statements, and the identification parade was held much later; it also noted that the prosecution’s own evidence showed the deceased accomplice Hafeezuddin was the actual shooter, while the appellant was only alleged to be the motorcycle rider. In law, the court relied on the principle of benefit of doubt and held that even one circumstance creating reasonable doubt is enough to acquit an accused. It also noted that section 34 PPC applies to joint liability only after the prosecution first proves the accused’s presence and participation at the scene, which it failed to do here; therefore, the appellant was acquitted of the charge. (i) (ii)                (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…