MUHAMMAD ZEESHAN vs State Ss — 2021 MLD 60 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 MLD 60 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: MLD
Parties: MUHAMMAD ZEESHAN vs State Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ZEESHAN VS State Ss. 182, 211, 409, 380 & 454---False information with intent to cause public servant to use his lawful power to the injury of another person, false charge of offence made with intent to injure, criminal breach of trust by public servant, theft in dwelling house, lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment---Appreciation of evidence---Absence of mens rea---Effect---Complainant/police constable got lodged FIR that his official Kalashnikov was stolen from his house---Prosecution case was that the complainant had failed to deposit the Kalashnikov with the department; that he had embezzled the official Kalashnikov; that he got lodged a false FIR and that during investigation no signs of theft were observed---Prosecution case was based upon presumptions and assumptions---Complainant himself had reported to police station with regard to missing of official Kalashnikov from his house, thus, he discharged his liability and apparently no mens rea existed on this part---Petition was accepted, judgments passed by Magistrate and Sessions Judge were set aside and the complainant, was acquitted of the charge.

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