WADAL GORAR vs GUL SHER S — 2022 MLD 986 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 986 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: WADAL GORAR vs GUL SHER S
Subject matter: Criminal
Provisions referred to: S. 395---D; S. 395

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

WADAL GORAR VS GUL SHER S.395---Dacoity---Appreciation of evidence---Benefit of doubt---Contradictory statements---Source of light, non-availability of---Enmity between complainant and accused---Effect---Appellant/complainant assailed the acquittal of accused persons from the charge framed under S.395, P.P.C.---Complainant had not stated that a ladder was taken away by the culprits at the time of the incident, but the Investigating Officer had allegedly recovered some ladder on the pointation of one of the accused persons and it was not even produced before the court as the case property---Investigating Officer had deposed that one of the accused persons had got recovered the stolen articles whereas prosecution witness in his examination-in-chief had deposed that the Station House Officer (SHO) had called him and others on phone to come to the police station as the police had recovered some stolen articles---Complainant had identified the accused persons in a solar light but in the mashirnama of inspection of place of occurrence availability of solar light was not mentioned---Complainant had admitted that he had a dispute with the accused persons over harap and money allegedly borrowed by one of them---Material and glaring contradictions, dishonest and deliberate improvements and admissions adverse to the prosecution case made by prosecution witnesses during the trial had rendered the prosecution case doubtful---Trial court had rightly acquitted the accused persons by extending benefit of doubt which did not call for any interference---Appeal against acquittal was dismissed, in circumstances.

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