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SHAIKH IMRAN vs State S — 2023 MLD 1603 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 MLD 1603 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
MLD
Parties
SHAIKH IMRAN vs State S
Subject matter
Criminal
Provisions referred to
S. 9; S. 535; 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

SHAIKH IMRAN VS State S. 9(c)---Criminal Procedure Code (V of 1898), Ss. 342 & 535---Possession of narcotics---Appreciation of evidence---Defence plea not bearing the signatures of accused---Relevance---Prosecution case was that 78 kilograms charas and 08 kilograms heroin were recovered from the possession of accused persons---Defence objected that the pleas of the accused persons were never signed by them and that they had never made any plea before the Trial Court---Validity---Presumption of truth was attached with the record kept and maintained by the Court---Not obtaining signature or thumb-impression of the accused persons over defence plea did not tantamount to an illegality that would vitiate the trial and the same was even otherwise curable under S. 535, Cr.P.C.---Had the plea been of guilty, prejudice would have been caused to the accused persons which would not have been curable under S. 535, Cr.P.C., as the same meant an admission of all the facts furnished by the prosecution, however the plea of not guilty did not prejudice the case of the accused persons in any manner---Circumstances established that the prosecution succeeded in proving its case against the accused persons beyond any shadow of doubt---Appeal against conviction was accordingly dismissed.

Other judgments reported in 2023 MLD

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