Alleged gangster acquitted as court highlights deficiencies in investigation

A sessions court has acquitted an alleged Lyari gangster in one more case pertaining to an attack on police. Mullah Nisar had been charged with opening fire at police with the intention to kill within the jurisdiction of the Kalakot police station in March 2014.

Additional Sessions Judge (South) Abdul Zahoor Chandio pronounced his order after recording evidence and arguments from both sides, acquitting the accused in the present case for “lack of independent corroboration, procedural lapses, and the prosecution's failure to establish the charges beyond a reasonable doubt”.

He noted: "A review of the evidence presented at trial revealed significant deficiencies in the prosecution's case. The testimonies of both the complainant and the investigating officer were marred by contradictions and omissions. The absence of independent witnesses from the area, particularly in a case involving an armed encounter, severely undermined the prosecution's credibility."

Additionally, the judge went on, the lack of forensic evidence as no police weapons were sent to a forensic science laboratory for an examination further weakened the case. "The failure to properly account for the arms and ammunition used by the police and the absence of corroborating evidence from independent witnesses diminished the probative value of the recovered items. Ultimately, the prosecution did not meet its burden of proof, and in accordance with established legal principles, the benefit of the doubt must be afforded to the accused," he added.

The judge ordered jail authorities to release the accused forthwith if he was not required in any other case. He put the case against absconding co-accused Faisal, Shahzad, and Naeem on the dormant file till their arrest.

According to the prosecution, on March 11, 2014, accused Mullah Nisar, along with co-accused Saddam, Faisal Pathan, Shahzad, and Naeem Lahoti in the furtherance of their common intention opened fire at a police party with intention to kill the cops in the Usmanabad area of Lyari. In retaliation by the police, one of the accused Saddam was killed, it added.

An FIR was lodged under sections 353 (assault or criminal force to deter public servant from discharge of his duty), 186 (obstructing public servant in discharge of public functions), 324 (attempted murder), and 34 (common intention) of the Pakistan Penal Code.