KARACHI: A sessions court acquitted a suspected Lyari gangster in one more case pertaining to the murder of a passer-by during an encounter with police in 2013 for the lack of evidence.

Additional District and Sessions Judge Abdul Zahoor Chandio, who is also the presiding officer of the Gender-Based Violence Court (South), acquitted Nisar Ahmed, alias Mullah Nisar, as the prosecution failed to prove charges against him.

The court directed the jail superintendent to release the accused if he was not required in any other case. However, Nisar will remain imprisoned as he is implicated in multiple cases.

Highlighting lacunas in the investigation, the court noted that in his testimony, the complainant, Azam Khan, claimed that on the day of the incident, he and his team attempted to apprehend the accused and his alleged accomplices who retaliated by opening fire.

However, the court observed that during the cross-examination, the complainant admitted that no evidence or record was presented to substantiate the claim of firing by the accused, such as forensic analysis of firearms or bullet casings. He further acknowledged that no private witnesses from the densely populated area were involved to corroborate the prosecution’s story.

“This raises serious doubts about whether an encounter, as described by the prosecution, even occurred. The absence of any independent witnesses further diminishes the reliability of the testimony provided by the prosecution’s witnesses, who were all members of the police party involved in the case, therefore, the benefit of the doubt must always be extended to the accused if substantial doubts arise in the prosecution’s case,” the court observed.

“The officer acknowledged that the dying declaration of the deceased passerby, Muhammad Naeem, did not implicate the accused,” it further stated.

A case was registered at the Kalakot police station under Sections 353 (assault or criminal force to deter public servant from discharge of his duty), 302 (murder), 186 (obstructing public servant), 324 (attempted murder) and 34 (common intention) of the Pakistan Penal Code.

Published in Dawn, December 20th, 2024