The judge, Muhammad Yamin, released Muhammad Farooq, Furqan and Muhammad Ismail, under section 265 H (i) of the Criminal Procedure Code, as the prosecution could not link them with the prima facie evidence of the alleged offence.
The FIR, registered under sections 394/34 of the Pakistan Penal Code for injuring someone in a robbery, was lodged by the complainant, Nabi Bux, at the Ibrahim Hyderi police station.
Bux stated that three men intercepted his younger brother, Ghulam Mustafa, on August 23, 2010 and injured him when he put up a fight against them near Jumma Goth. The residents of the area informed the police before taking him to hospital.
The following week, the police arrested Farooq, Furqan and Ismail on separate charges and called in Nabi and Mustafa to identify whether they were the same men who attacked him. Mustafa identified them as the attackers.
The accused, however, pleaded not guilty to the charges against them and appealed that the case go to trial.
It was revealed during the trial that the incident occurred at 2:30pm and that Mustafa was rushed to the Jinnah hospital. But, the Medical Laboratory Officer’s report revealed that Mustafa was treated around 2:50pm, which created serious doubts over the prosecution’s story.
The accused stated in court that they were falsely implicated in the case as they belonged to the MQM-H and denied all other incriminating pieces of evidence as nothing was recovered from them. The judge acquitted them of the charges and ordered the superintendant of police to release them.
Published in The Express Tribune, September 24th, 2012.
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Right Move ...PPP is Continuously giving MQM Lollypop .