A Session Court Sentenced a Street Criminal to Death for Murdering a Watchman Over Resistance Four Years Prior.
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 judge observed that the principle which holds an accused is innocent until proven guilty becomes increasingly challenging in a system fraught with lawlessness and organised crimes affecting society negatively:
“The principal of ‘innocent till proved otherwise’ appears unattainable when juxtaposed against consistent legal deficienries, where justice is obstructed for both accused/victims.” The judge remarked.
To reduce the chance to exploit system loopholes and procedural gaps, emphasis on scientific evidence was recommended over minor discrepancies in witness testimonies:
“Instead of dwelling excessively upon trivial contradictions presented by eyewitness statements often stemming from flaws in human memory recall, the judiciary must prioritize substantiated facts supported by credible evidence.” The court noted.
In this case, where brutality was evident and no direct involvement of Mukhtiar could be proven despite shared intent to murder with accomplices:
“His alleged contribution is undetermined but a joint culpability seems apparent in the homicide.” The court commented.
A fine amounting Rs300,000 was ordered for each of the convict’s heirs as compensation with an additional imprisonment term upon failure to pay due fines:
“In cases where defendants do not remit their dues within a stipulated timeframe after sentencing, they may face further incarceration.” The court announced.
Both accused are set for ten years of rigorous punishment under relevant sections and Rs50,000 each as fine according to PPC’s Sections: Section395 (punishable dacoity), Section 396(dacoity with murder) & Section34.
The court issued a perpetual warrant for the arrest of Shah Nawaz and Pervaiz Iqbal, pending further investigation on their absconding status: The case is placed dormant until their capture as per directive by Muhammad Tahir Khan, state prosecutor at Surjani Town police station.
A watchman named Mustafa Khan recounted the robbery and murder incident which took place while he was on duty wherein his uncle, Abdullah Iqbal (alias of Pervaiz), opened fire causing fatal injuries to him in Al-Murtaza Chowk: A case had been filed under PPC’s Sections 395(punishment for dacoity) & Section 34.
The incident occurred on November 10, which became a significant turning point as per the narrative published in Dawn dated Nov 18th, 2024
