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NASARULLAH KHAN vs State Ss — 2022 YLRN 205 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 205 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
NASARULLAH KHAN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 103---S; S. 342; Criminal Procedure Code (V of 1898)

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

NASARULLAH KHAN VS State Ss. 11-F(i) & 11-W(i)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Criminal Procedure Code (V of 1898), S.103---Support and meetings relating to a proscribed organization--- Appreciation of evidence--- Benefit of doubt---Withholding material evidence---Non-association of private witnesses---Scope---Accused was charged for having inciting material against the country and spreading religious hatred---Case was based upon spy information with regard to availability of the accused at pointed place by containing different types of literatures against the country, Armed Forces and Government in his bag---On such information, police party reached at pointed place and apprehended the present accused and recovered black colour bag in his hand and on opening the said bag found literature in shape of eleven books, which contained inciting hatred material---Recovery memo was prepared on spot and accused was arrested in presence of police mashirs---Complainant in his cross-examination had admitted that the place of arrest and recovery was populated and congested area but the complainant did not associate any independent person from the said area to witness the event---No explanation in that regard had been furnished by the prosecution---No convincing evidence was available on record to show that the accused had any nexus with the terrorists of proscribed organizations---Nothing on record that the alleged material so collected by the recovery Officer was authored, printed or published by the accused nor even any material was placed on record to show that accused was member of any proscribed organization---No evidence was available on record that the accused was spreading any material among the people---Merely asserting that accused had connection with proscribed organizations was not enough to connect him in the case---Accused had denied allegations as levelled against him by the prosecution in his statement recorded under S. 342, Cr.P.C. and submitted that he was picked up by some unknown persons from his house and foisted alleged hatred material---Accused, however, had produced two witnesses who supported his case---Said witnesses were though cross-examined before the Trial Court, but they did not shake and the Trial Court did not take into consideration that aspect of the case in its true perspective---Evidence so brought on record by the prosecution appeared to be stereotyped---Investigating Officer of the case in his evidence has deposed that case property was not handed over to him in sealed condition---Investigating Officer had admitted that none of the book/journal was recovered from the accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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