KARACHI: An anti-terrorism court has sentenced a convict to a collective sentence of 17 years imprisonment in cases pertaining to encounter, terrorism and possessing illicit weapon.

The convict — Ali Ahmed, alias Khatiya — was found guilty of committing offences punishable under Sections 353 (assault or criminal force to deter public servant from discharge of his duty), 324 (attempted murder), 186 (obstructing public servant in discharge of public functions) and 34 (common intention) of the Pakistan Penal Code read with Section 7 (punishment for acts of terrorism) of the Anti-Terrorism Act, 1997 and Section 23(i)-A of the Sindh Arms Act, 2013.

The judge wrote in his judgment that the prosecution had proved its charges against the detained accused without a shadow of a doubt as testimonies of the prosecution witnesses “inspired confidence”.

Holding him guilty of all the charges, the judge awarded him 10 years’ imprisonment with a fine of Rs100,000 for encounter, attempt to murder and deterring law enforcers from discharging their official duties and terrorism. On default, he would undergo additional six-month imprisonment.

Separately, he was also handed down seven-year imprisonment with a fine of Rs50,000 for possessing illicit weapon. On default, he would undergo an additional six-month imprisonment.

However, the court kept on ‘dormant file’ the case against an absconding suspect, who was declared proclaimed offender, to be reopened upon his arrest or surrender before the court. A perpetual warrant for his arrest was ordered to be issued.

According to the prosecution, a police party on routine patrol had signalled two suspicious persons on a motorcycle to stop for checking on the link road near a graveyard in Korangi No. 6 at around midnight of October 8, 2010. However, the motorcyclists opened straight fire on the police party with intention to commit their intentional murder as well as deter them from discharging their lawful duties and official functions, it added.

The prosecution further said that as the policemen returned fire, one of the motorcyclists sitting on the pillion seat received bullet wounds and fell down. Therefore, he was arrested in wounded condition while his accomplice managed to flee, it added.

“Due to non-availability of private persons at the place of the incident and in presence of the official witness, assistant sub-inspector Mohammad Naeem conducted personal search of the injured/apprehended accused,” the prosecution maintained, adding that he (ASI Naeem) “recovered one .30 bore calibre pistol from his right hand along with loaded magazine having three rounds, whereas one round loaded in the chamber”.

The injured accused, who disclosed name of his fleeing accomplice as Mohammad Hussain, was taken to the Jinnah Postgraduate Medical Centre. After completing investigation, the investigating officer submitted report under Section 173 of the Criminal Procedure Code against the detained accused as well as his absconding accomplice, who was declared proclaimed offender by the court.

In his statement registered under Section 342 during the trial, the detained accused denied the allegations levelled against him by the prosecution and alleged that the police framed him in the present cases.

Published in Dawn, November 3rd, 2018