A two-judge anti-terrorism appellate bench, comprising justices Aftab Ahmed Gorar and Khadim Hussain Tunio, ordered the Karachi central jail's superintendent to release Abdul Wahid, if his custody was not required in any other case.
The judges passed these orders while allowing an appeal filed by Wahid challenging his conviction in a murder case.
An anti-terrorism court had sentenced him to life imprisonment finding him guilty of murdering police constable Syed Riaz Hussain and injuring two other cops in 2012.
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The prosecution had alleged that constable Hussain was shot dead, while assistant sub-inspector Mumtaz and another policeman were injured when gunmen emerged from the bushes along the main road of Kanwari Colony and opened fire at the law enforcers during snap-checking on October 23, 2012.
Taking advantage of the darkness, the assailants had managed to flee, the prosecution had alleged, adding that the injured policemen were moved to the Abbasi Shaheed Hospital, where Hussain had breathed his last. The constable was shot multiple times.
Later, police had claimed to have tracked down Wahid in 2013. The trial court had also imposed a fine of Rs300,000 on Wahid with directions to undergo additional rigorous imprisonment in case he failed to pay the amount.
The convict, who was languishing at the Central Jail, Karachi, had moved an appeal through Advocate Farah Khan challenging his conviction and sentences.
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The lawyer argued that a joint investigation team constituted to probe into the murder had cleared the appellant of the charges. It was argued that the trial court had failed to consider important facts favouring the appellant, who was wrongly convicted and awarded a sentence of life imprisonment and fine.
The court was pleaded to call the records of proceedings of the trial court, re-examine the same and set aside the conviction and sentences awarded to the appellant.
During the proceedings on Monday, the two judges found that the prosecutor failed to establish the prosecution's case to connect the appellant to the commission of the alleged offences.
Therefore, they allowed an appeal acquitting the appellant of the charges and ordered the prison chief to release him in case his custody was not required in any other case.
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