KARACHI: A sessions court on Monday sentenced a street criminal to death for murdering a watchman over resistance four years ago.

Additional District and Sessions Judge Ameeruddin, who is also the presiding officer of the Model Criminal Trial Court (West), found accused Farooq Ahmed guilty of murdering 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 favourite child of the law becomes increasingly challenging to uphold in a system plagued by persistent lawlessness and the prevalence of heinous organised crimes that wreak havoc on society,” the judge stated in the verdict in an apparent reference to the phrase ‘innocent until proven guilty’.

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

Judge observes courts must place greater emphasis on scientific evidence ‘rather than fixating on minor contradictions in witness testimonies’

“Instead of favouring one party, the system often reflects dysfunction, allowing the accused to exploit procedural gaps, minor inconsistencies, and enforcement lapses to evade accountability.

“[The] victims are subjected to protracted legal battles that erode their rights and dignity. This imbalance undermines public confidence in the judiciary and calls for a paradigm shift toward prioritising the substantive truth of each case.

“It is high time that courts now must move beyond traditional approaches and place greater emphasis on scientific & corroborative evidence alongside direct evidence, such as forensic science laboratory (FSL) reports and identification parade reports etc, rather than fixating on minor contradictions in witness testimonies,” the judge remarked.

“Such inconsistencies are often inevitable due to the imperfections of human memory, particularly in complex or traumatic situations. By focusing on the core truths substantiated 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 along with absconding accomplices committed a heinous act with brutality.

Noting about co-accused Mukhtiar, the court stated that his direct involvement in the murder was not proved him, but he shared a common intention in the murder of the deceased. The court also ordered the convicts to pay Rs300,000 each compensation to the legal heirs of the deceased. On default, they would serve additional imprisonment for one year.

The court also sentenced both the accused persons to 10-year imprisonment for the offence committed under Section 395 (punishment for dacoity) of the Pakistan Penal Code (PPC) and imposed a fine of Rs50,000 each.

It said that the case against the absconding co-accused — Shah Nawaz alias Shaukat and Pervaiz Iqbal — would be kept on dormant file with instructions for the office to issue perpetual warrants for his arrest until he was apprehended.

According to state prosecutor Muhammad Tahir Khan, watchman 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 way to get some breakfast when around eight to 10 persons on four motorbikes intercepted him, snatched his mobile phone, cash, motorbike and fled the scene.

He said he immediately informed his uncle about the robbery. Armed with his licensed pistol, Tameer arrived at the scene and chased the robbers and found them near Al-Murtaza Chowk when they were looting passers-by. As he challenged the robbers, the accused opened fire and a bullet hit Tameer in the chest. He later died during treatment.

A case was registered at the Surjani Town police station under Sections 395 (punishment for dacoity), 396 (dacoity with murder), 302 (premeditated murder) and 34 (common intention) of the PPC.

Published in Dawn, November 19th, 2024