The Sindh High Court (SHC) has dismissed the appeal of a convict who had been sentenced to life imprisonment but modified his sentence to seven-year imprisonment in an attempt to murder, police encounter and illegal weapon case.
Sarfaraz, alias Bhoora, was sentenced to life imprisonment and other sentences by an anti-terrorism court after finding him guilty in the case. According to the prosecution, the appellant was arrested by the police on November 28, 2011 after a shoot-out in the Dalmia area and the police seized illegal weapons and explosive substance from his possession.
A counsel for the appellant submitted that he had been falsely implicated in the case as he was not present at the place of the incident and was arrested from his house. The lawyer alleged that the illegal weapon and explosive substance were foisted upon him as no police encounter had taken place.
An additional prosecutor general supported the impugned judgment and submitted that the appellant was arrested by the police after the shoot-out and a forensic report also proved the prosecution case.
A division bench of the SHC headed by Justice Mohammad Karim Khan Agha after hearing the arguments and perusal of the evidence of the case observed that the prosecution had proved its case against the appellant to the extent of police encounter and possession of illegal weapons.
The high court observed that the appellant had not committed any offence under the Explosive Substance Act and acquitted him of charges under the law. The SHC observed that a sudden raid by the police where the appellant was residing led to him firing at the police in order to avoid his arrest and as such there was no intent, object or design to create terror and the offence did not fall under the purview of the Anti-Terrorism Act.
The high court dismissed the appeal of the convict but modified the sentence to seven years in prison under the attempt to murder and illegal weapon charges, deleting the sections of the Anti-Terrorism Act, and ordered that the appellant shall also be entitled to all other remissions applicable under the relevant law.
The high court also set aside life imprisonment of the appellant in the kidnapping-for-ransom case after giving him the benefit of the doubt. Sarfaraz was sentenced to life imprisonment by the anti-terrorism court that found him guilty of kidnapping two boys for ransom in the Dalmia area.
The prosecution alleged that the appellant along with an absconding co-accused had kidnapped two boys Ayaz and Sultan and demanded Rs2 million for their release on October 22, 2011.
However, the police had recovered the boys after a shoot-out without any arrests of the kidnappers. The high court observed that the prosecution had not been able to prove beyond any reasonable doubt that the appellant was one of the persons who had kidnapped the boys for ransom or was involved in the police encounter. The SHC set aside the conviction of the appellant extending him the benefit of the doubt.