SADAM HUSSAIN vs State Ss — 2022 YLR 1589 FEDERAL-SHARIAT-COURT

Case information

Citation: 2022 YLR 1589 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2022
Reporter: YLR
Parties: SADAM HUSSAIN 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

SADAM HUSSAIN VS State Ss. 3 & 4---Recovery and transportation of liquor---Appreciation of evidence---Benefit of doubt---Improvements in statements---Accused persons were convicted and sentenced to two years with fine as wine bottles 286 in number were allegedly recovered from vehicle in which they were present---Validity---Material and glaring contradictions, infirmities, omissions and admissions adverse to prosecution case and dishonest and deliberate improvements in statements of prosecution witnesses during trial, had gone to the root of the case, rendering it doubtful---Such infirmities were not attended to by Trial Court while conviction and sentence to accused persons---Trial Court was obliged to take into consideration material placed before it for arriving at the conclusion as to whether a fact was proved or not---Proof of a fact depended upon probability of its having existed---Lower Appellate Court was Court of reappraisal of evidence, and Court without considering such aspects of case and appreciating evidence in its true perspective, dismissed criminal appeals filed by accused persons against their conviction and sentence awarded to them by Trial Court---High Court set aside conviction and sentence as it suffered from mis-reading and non-reading of evidence and acquitted accused persons of the charge---Revision was allowed in circumstances.

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