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SHC scraps life sentence in murder case

Vaseline 2 months ago

This image shows the building of the Sindh High Court in Karachi. — Facebook/Sindh High Court Bar Association Karachi/File

The Sindh High Court (SHC) has quashed a man’s life sentence in a murder case as the prosecution failed to prove the charges against him.

The appellant, Rehman Bacha, was sentenced to life imprisonment by an Additional District and Sessions Court Malir for the murder of a man in Quaidabad area. According to the prosecution, the appellant shot at Ahmed Ali on August 27, 2018 on Mehran Highway near Gul Ahmed Roundabout after a heated argument.

Counsel for the appellant submitted that Bacha had been wrongly implicated in the case and that eyewitness evidence could not be safely relied upon, especially in terms of correctly identifying the suspect. He argued that the evidence of the best eyewitnesses was withheld or abandoned by the prosecution, leading to the conclusion that those eyewitnesses would not have supported the prosecution’s case.

He submitted that the crime weapon was forced on the appellant by the police and that it did not yield a positive forensic report when matched with the empty weapon recovered from the crime scene.

Additional Attorney General and the counsel for the complainant supported the case of the complainant and stated that the complainant had proved his case beyond any reasonable doubt. A single bench of the SHC headed by Justice Mohammad Karim Khan Agha after hearing the arguments of the case noted that the eyewitness in the statement did not mention any characteristics of the appellant as the person he saw shooting at the deceased and that he only heard the name. of the appellant by someone who did not demonstrate whether the name was correct or not.

The court also noted that the evidence of the son of the deceased could not be relied upon as there were contradictions in his statement regarding the identity of the appellant.

The SHC noted that the appellant had no motive to kill the deceased and that the police did not bring the appellant to court with regard to recording his confession about the murder. Therefore, the confession was inadmissible as evidence to the police.

The court noted that the appellant himself had surrendered before the court by pointing out that he was in a village in Khyber Pukhtoonkhwa along with a defense witness.

The SHC found that there was no reliable identification of the appellant as the person who shot and killed the deceased at the crime scene.

The Supreme Court observed that the prosecution had failed to prove its case against the appellant and by granting the benefit of doubt, the appellant was entitled to be acquitted on the merits. The SHC quashed the appellant’s life sentence and ordered him to be released if this was not required in other cases.