SHAMAS-UR-REHMAN vs Mst — 2023 MLD 720 KARACHI-HIGH-COURT-SINDH

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SHAMAS-UR-REHMAN VS Mst. NAZEER GUL Ss. 380 & 34---Theft in dwelling house, common intention---appreciation of evidence---appeal against acquittal---Benefit of doubt---accused were charged for committing theft of the valuable articles of the complainant lying in a bag---Record showed that none had seen the accused committing the alleged theft of bag of the complainant---Parties, who were related in that accused was admittedly sister-in-law of the appellant being real sister of his wife and whereas co-accused was husband of accused, were already tagged in litigation and such cases between them were admittedly pending in various courts---Incident was shown to have taken place in the Court premises of Judicial Magistrate, but no independent person was cited as a witness---Complainant claimed to have seen the accused in CCTV recording, but CCTV recording was not collected during the evidence as was admitted by the Investigating Officer in his evidence by stating that he had not issued any memo of receiving CCTV recording nor was it seized on the spot---No date or time was mentioned in the memo of arrest of the accused persons and seizure of the alleged bag, nor any independent person was cited as a mashir from the locality---Neither any one among the court staff was examined by the prosecution nor was even the statement under S. 161, Cr.P.C., of any of the staff member of the court was recorded---apart from the said material discrepancies and infirmities in the prosecution case, rendering it doubtful, there were many other material contradictions, infirmities, dishonest improvements and admissions of the witnesses made during the trial---Circumstances established that acquittal judgment was apt to the facts and circumstances of the case, which suffered from no illegality or any infirmity and/or misreading and non-reading of the evidence, did not call for any interference---appeal against acquittal was dismissed accordingly.

SHAMAS-UR-REHMAN vs Mst — 2023 MLD 720 KARACHI-HIGH-COURT-SINDH

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