‘Prosecution failed’ to prove Achakzai guilty

A local court in Quetta, while issuing a 29-page written judgment in a case regarding the death of a traffic warden, has noted that the prosecution failed to establish that the accused was driving the vehicle at the time of the incident.

Judge Dost Muhammad Mandokhail of the Model Criminal Trial Court (MCTC) acquitted former chairman of Balochistan Public Accounts Committee Majeed Khan Achakzai in the hit-and-run incident over three years ago in Quetta.

“Out of the 20 prosecution witnesses -- including the victims, eyewitnesses and real brother of the deceased traffic warden Haji Attaullah -- no one has been assigned any role to say that the vehicle bearing number: BD 4381, was being driven by accused Abdul Majeed,” read the detailed judgment.

The judgment further said the accused was earlier declared ‘unknown’ in the first information report (FIR) but when the police nominated Achakzai as an accused, they did not conduct any identification parade through the victims and eyewitnesses.

“Therefore, statements of the prosecution witnesses are far from satisfaction of this court and there are no substantial and sufficient grounds for the conviction of the accused.”

The court concluded that “it is crystal clear” that the prosecution has not established the case beyond any reasonable “shadow of doubt”.

It is also noted that “there are contradictions and omissions in the statement of prosecution witnesses”.

The police had claimed that the accused was present on the spot up to 15 minutes of the occurrence of the incident. On the other hand, the accused in his statement, which was recorded under Section 342 of CrPC, denied allegations made by the prosecution.

Achakzai had claimed that he was innocent and had not committed any offence; that his vehicle was driven on that day by his driver and he was not sitting along with him.

The court noted that the case was registered against unknown persons on June 20, 2017, and police arrested the accused on June 24. He was later remanded in 14-day custody; however, no identification parade was conducted using the eyewitnesses.

The court said four witnesses did not support the prosecution version and clearly deposed that the vehicle was driven by Abdul Kabir and that the police pressured them to nominate Achakzai. The complainant himself did not mention any description of the accused in his Fardi Bayan – statement.

“It is not identified in the CCTV footage as to who was driving the vehicle.” The court, therefore, acquitted Achakzai on the charges under section 302, 324, 279, 337 and 427 of PPC.

According to sources, Balochistan police will file an appeal against the acquittal of the accused person in the Balochistan High Court (BHC). Prime Minister Imran Khan had also expressed concern over the acquittal of the accused.

Senior lawyer Kamran Murtaza appeared on behalf of accused before trial court.