MUHAMMAD NOMAN vs State Ss — 2022 PCrLJN 95 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD NOMAN VS State Ss. 302(b), 392, 344 & 34---Qatl-i-amd, robbery, wrongful confinement for ten or more days, common intention---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Accused were charged for committing murder of the father of complainant and then robbing different articles from his house---Investigating Officer of the case claimed that a CCTV camera was installed nearby and that the complainant had given him photographs taken from the footage---Actual footage was never produced at trial---Photos had a date and time stamped on it---Photos showed one boy and one girl on a motorcycle---Time on the photos was 12:23 p.m. i.e. nearly an hour before the time sister-in-law of complainant said that she saw the accused in the deceased's bedroom---Similarly, one boy and one girl on the motorcycle as shown in the photo contradicted the testimony of the two witnesses who claimed that they saw one boy sitting with two girls and left the premises---Photos did not reconcile with the witness testimonies---Investigating Officer admitted that the complainant had not disclosed the presence of the photographs when he recorded his statement and that he had not determined whether the same were even genuine---In such circumstances, it was found that the testimonies of the witnesses who claimed to have seen the accused was infirm, vague, contradictory and set up in order to establish the case---CCTV photos produced by the prosecution itself ran contrary to the prosecution case---Circumstances established that it would be unsafe to sustain a conviction on the basis of the evidence produced at trial---Appeals against conviction were allowed, in circumstances.

MUHAMMAD NOMAN vs State Ss — 2022 PCrLJN 95 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported