• Maintains death sentence of robber who killed two over resistance
• Court calls for strict punishment for criminals to protect people

KARACHI: Taking strong exception to an alarming rise in the incidence of muggings, robberies, etc, in the metropolis, the Sindh High Court on Monday ruled that street crime must be dealt with an iron hand since it posed a grave threat to the state and society.

The SHC noted that the menace of street crime could contribute to social and economic inequality by creating an atmosphere of fear and insecurity in affected neighbourhoods.

“It can also lead to a breakdown of trust between citizens and law enforcement agencies, further exacerbating the problem and even lead to citizens taking the law into their own hands by attacking the culprits,” warned a two-judge bench headed by Justice Mohammad Karim Khan Agha.

The bench observed that it was crucial to impose strict punishments on such criminals to maintain law and order and protect the people.

The court made these observations while rejecting an appeal against death sentence of a man convicted in a street crime case by the trial court.

A model/sessions court had sentenced Khalid Zafar to death in September 2020 for killing Muhammad Sajid, the owner of a medical store, and his employee, Shams Zaman, over resistance in Block 13/A, Gulshan-i-Iqbal in February 2014.

The convict, through his counsel, had challenged the conviction before the SHC and after hearing both sides and examining the record and proceedings of the case, the division bench dismissed the appeal and upheld the capital punishment.

The bench in its judgement ruled that the prosecution had examined numerous witnesses and their evidence remained unshaken on critical aspects of the case even after extensive cross-examination.

Regarding the contention of the appellant’s lawyer about the relationship of witnesses with the complainant and deceased, the bench noted that it was of little value since the testimonies of eyewitnesses — Khalid Zia and Mohammad Bilal — had been found to be trustworthy and consistent.

“The de facto recovery of the unlicensed crime weapon has also been established beyond reasonable doubt by the prosecution while the appellant was also righty picked out by one of the eyewitnesses during an identification parade before a judicial magistrate,” it added.

The bench observed that the appellant was the main perpetrator of the planned robbery during which he shot and killed two innocent persons.

It stated that the defence of the appellant was weak and unconvincing and there was no plausible scenario in which he could be considered innocent.

It said that the appellant’s ruthless act caused immeasurable harm to the families of victims, the shop workers who lost their employer as well as the broader economy of the country.

“The street crimes like this have a profoundly negative impact on society, and the court must send a strong message that such acts will not be tolerated. Given the heinousness of appellant Khalid’s crime and the need for deterrence, the court must impose the ultimate penalty of death,” it added.

The bench noted that if individuals who attempted to resist robbery were met with violence and death, it will inevitably lead to further murders and other crimes.

Published in Dawn, April 4th, 2023