KARACHI: A sessions court acquitted a suspected gangster for lack of evidence in another case pertaining to the assault on police in an alleged encounter in 2014. Additional District and Session Judge Abdul Zahoor Chandio, who is also the presiding officer of the Gender-Based Violence Court (South), acquitted Nisar Ahmed alias Mullah Nisar as the prosecution failed to prove charges against him for allegedly attacking the policemen. The court directed the jail superintendent to release the accused if he is not required in any other case. However, Nisar will remain imprisoned as he is implicated in multiple cases. Highlighting lacunas in the investigation, the court noted: “A review of the evidence presented at trial revealed significant deficiencies in the prosecution’s case. The testimonies of both the complainant and the investigating officer were marred by contradictions and omissions.” The absence of independent witnesses from the area, particularly in a case involving an armed encounter, severely undermined the prosecution’s credibility, the court observed. Additionally, the lack of forensic evidence, as no police weapons were sent to the forensic science laboratory for examination, further weakened the case, it added. “The failure to properly account for the arms and ammunition used by the police and the absence of corroborating evidence from independent witnesses dim­inished the probative value of the recovered items.” The court ruled that the prosecution failed to meet its burden of proof, and in line with established legal principles, the accused was given the benefit of the doubt. Regarding the absconding co-accused Faisal Pathan, Shahzad Kamred and Naeem Lahoti, the court ruled that the case file remained dormant until they were arrested and produced before the court. According to the prosecution, the complainant testified before the court that on March 10, 2014, while serving as a Sub-Inspector at the Kalakot police station, he was patrolling with his subordinates when he received information about the presence of “notorious gang members” — including Faisal Pathan, Shahzad Kamred, Mullah Nisar, Naeem Lahoti, and others — at Ghatchi Gali in Usmanabad. The informer stated that the gang members were allegedly preparing to commit a “serious crime.” Acting on this tip-off, the police reached the location after midnight. However, upon seeing the police party, the accused opened fire on the police and Rangers officials. During the ensuing gunfire, one of the accused, later identified as 23-year-old Sadam, was wounded and later died. The police allegedly recovered a Kalashnikov rifle from him, loaded with six live bullets. A case was registered at Kalakot police station under Sections 353 (assault or criminal force to deter public servant from discharge of his duty), 186 (obstructing public servant in discharge of public functions), 324 (attempted murder) and 34 (common intention) of the Pakistan Penal Code.