HUSSAIN SHAH vs State Ss — 2022 YLR 2005 LAHORE-HIGH-COURT-LAHORE

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HUSSAIN SHAH VS State Ss. 11-H, 11-I, 11-J & 11-N---Membership, support and meetings relating to a proscribed organization, fund raising, funding arrangements---Appreciation of evidence---Benefit of doubt---Accused was alleged to have been involved in collecting funds for his proscribed organization---Nothing was available on record that accused was member of proscribed organization or had any link with the same---Perusal of copy of Notification also did not reveal name of the accused as member or office bearer of the proscribed organization---Investigating Officer categorically stated that the accused was not the office bearer of proscribed organization---Investigating Officer also stated that it did not come during investigation that the accused had participated in any terrorist activity---Nothing was on record to show that the accused had been collecting funds for the said proscribed organization in the past---No evidence was produced to show that how he was inciting the public for raising fund for the proscribed organization and even any instrument for announcement had not been recovered from the possession of the accused at the spot---Prosecution was silent about the modus operandi of such fund raising for the proscribed organization---Case of prosecution was that accused was apprehended when he was busy in collecting fund for the proscribed organization and as many as 24 receipts of the receipt book were recovered from his possession which were issued by him---None of the persons, who gave fund to the accused for the proscribed organization, was apprehended or joined into investigation of the case---Prosecution could not establish as to how, when and from whom accused obtained the alleged receipt book of proscribed organization or from where it was got printed---Circumstances established that prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court. Ss. 11-H, 11-I, 11-J & 11-N---Membership, support and meetings relating to a proscribed organization, fund raising, funding arrangements---Appreciation of evidence---Benefit of doubt---Recovery of carbon copy of receipts--- Reliance--- Scope--- Accused was alleged to have been involved in collecting funds for his proscribed organization---Record showed that neither name or flag of any proscribed organization was available on the recovered receipts nor kind/type of currency was mentioned therein, so much so it did not show that any amount was received as fund---Prosecution case was that Receipt Book was secured through sealed parcel--- Judicial Magistrate categorically stated that parcel of specimen signatures of the accused was prepared, signed and sealed by him and he handed over said sealed parcel to the Investigating Officer for analysis---Investigating Officer also admitted the factum of receipt of sealed envelope regarding specimen handwriting of the accused from Area Magistrate and handing over the same to the Moharrir of the Police Station---Report of Forensic Science Agency did not reflect that parcels of receipt book as well as specimen signatures received in said agency were sealed---Safe custody and safe transmission of receipt book from place of recovery and of specimen signatures from date of preparation till their receipt by Forensic Science Agency could not be established which had vitiated the conclusiveness and reliability of the report of Forensic Science Agency and rendered it incapable of sustaining conviction---Circumstances established that prosecution had been failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

HUSSAIN SHAH vs State Ss — 2022 YLR 2005 LAHORE-HIGH-COURT-LAHORE

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