KARACHI: A sessions court on Monday sentenced a street offender to death for killing a watchman due to resistance four years ago.

Additional District and Sessions Judge Ameeruddin, who is also the presiding officer of the Model Criminal Court (West), found accused Farooq Ahmed guilty of killing Tameer Khan near Taiser Town on November 11, 2020.

The court also sentenced his co-accused, Malik Mukhtiar Ahmed, to life imprisonment.

“The principle that the accused is the favored child of the law becomes increasingly difficult to uphold in a system plagued by persistent lawlessness and the prevalence of heinous organized crime wreaking havoc on society,” the judge said in the verdict in an apparent reference to to the phrase “innocent until proven guilty”.

The court held that inefficiencies within the criminal justice system obstructed justice for both victims and the accused.

Judge notes that courts need to place greater emphasis on scientific evidence “rather than fixating on minor inconsistencies in witness testimony”

“Rather than favoring one party, the system often reflects dysfunctions, allowing the accused to exploit procedural loopholes, minor inconsistencies and enforcement gaps to evade accountability.

“(Victims) are subjected to protracted legal battles that erode their rights and dignity. This imbalance undermines public confidence in the judicial system and calls for a paradigm shift toward prioritizing the underlying truth of each case.

“It is time for the courts to move beyond traditional approaches and place greater emphasis on scientific and corroborative evidence alongside direct evidence such as Forensic Science Laboratory (FSL) reports and identification reports etc. rather than to focus on minor inconsistencies in witness testimony. “, remarked the judge.

“Such inconsistencies are often unavoidable due to the imperfections of human memory, especially in complex or traumatic situations. By focusing on basic truths supported by reliable evidence, the judiciary can restore balance and uphold justice more effectively,” the court noted.

Regarding the present case, the judge stated that the convicts together with the fugitive accomplices brutally committed a heinous act.

Noting about co-accused Mukhtiar, the court said his direct involvement in the crime was not proved but he shared a common intention in killing the deceased. The court also ordered the convicts to pay Rs 300,000 each as compensation to the legal heirs of the deceased. In case of default, they would serve an additional one-year jail term.

The court also sentenced both the accused to 10 years imprisonment for the offense under Section 395 (punishment for offences) of the Pakistan Penal Code (PPC) and imposed a fine of Rs 50,000 each.

It said the case against the absconding co-accused – Shah Nawaz alias Shaukat and Pervaiz Iqbal – will be kept on the docket with directions for the bureau to issue perpetual warrants for his arrest till he is apprehended.

According to public prosecutor Muhammad Tahir Khan, security guard Mustafa Khan testified before the court that on the day of the incident, he and his uncle, Tameer Khan, were on duty. He said he was on his way to have breakfast when about eight to 10 people on four motorcycles intercepted him, snatched his mobile phone, money, motorcycle and fled the scene.

He said he immediately informed his uncle about the robbery. Armed with his licensed pistol, Tameer reached the spot and chased the robbers and found them near Al-Murtaza Chowk as they were robbing passers-by. While challenging the thieves, the accused opened fire and a bullet hit Tameer in the chest. He later died during treatment.

A case has been registered at Surjani town police station under sections 395 (punishment for offence), 396 (offence with murder), 302 (premeditated murder) and 34 (common intention) of the IPC.

Published in Dawn, November 19, 2024