Two ‘BLF men’ acquitted in police van attack case for lack of evidence

An anti-terrorism court has acquitted two men, said to be associated with the outlawed Balochistan Liberation Front (BLF), in a case pertaining to a cracker attack on a police van, observing that the investigating officer disclosed their identity to witnesses at a lock-up instead of holding an identification parade, which put “serious dent” in the prosecution case.

Murad Bux and Waris Khan had been charged with attacking a mobile van of the Shah Latif police with a cracker in March last year.

The ATC-XIII judge, who conducted the trial in the judicial complex in the central prison, pronounced his order reserved after recording evidence and final arguments from both sides.

He ruled that the prosecution failed to establish its case against the accused beyond any reasonable shadow of doubt, ordering the jail authorities to release them forthwith if they were not required in any other case.

The judge observed it was admitted fact that neither the names nor the description of the accused persons was mentioned in the FIR, adding that they had also not been assigned any particular role in the alleged commissioning of the offence.

Admittedly, he noted that the accused persons were completely strangers to the complainant and witnesses and the incident happened in an isolated place at night so it was necessary for the investigation officer to hold their identification parade before the judicial magistrate concerned, but it was not done and the accused were shown to the witnesses at a lock-up of the police station, which created serious dent in the prosecution case.

The judge further noted that inadmissible evidence was placed on record in the shape of admission of the accused persons and identification of the crime scene by them, which was already known to everybody and not required to be produced for the simple reason that it might affect or influence the mind of the court in arriving at a right decision in the case.

According to the prosecution, on March 29, 2023, a police party was on patrol within the jurisdiction of the Shah Latif police station when three men on two motorcycles threw a cracker at the police van with the intention to harm the cops. Fortunately, the police team escaped unhurt.

In retaliation, the policemen opened fire upon the accused, who managed to flee the crime scene.

The prosecution said the police van was damaged in the cracker attack. Later in April, accused Murad and Waris were arrested in the present case.

The state prosecutor argued that the prosecution had proved its case beyond reasonable doubt as the complainant as well as witnesses fully implicated the present accused. She requested the judge to punish the accused as per the law.

Defence counsel Fareed Baloch contended that the prosecution miserably failed to prove its case against his clients, who were innocent and falsely been implicated in the case with mala fide intention and ulterior motives. He said the names of the accused were neither mentioned in the FIR nor any identification parade was held before the magistrate.

The counsel also pointed out contradictions in testimonies of the witnesses, pleading with the court to acquit his clients.

An FIR was lodged at the Shah Latif Town police station under sections 324 (attempted murder), 353 (assault or criminal force to deter public servant from discharge of his duty), 427 (mischief causing damage to the amount of fifty rupees) and Sections ¾ of the Explosive Substances Act read with the Section 7 (punishment for acts of terrorism) of the Anti-Terrorism Act, 1997.