PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

MUZAFFAR HUSSAIN vs State S — 2023 PCrLJN 47 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 47 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
MUZAFFAR HUSSAIN vs State S
Subject matter
Criminal
Provisions referred to
S. 5---; S. 103---M; 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

MUZAFFAR HUSSAIN VS State S. 5---anti-Terrorism act (XXVII of 1997), Ss. 6 & 7---Criminal Procedure Code (V of 1898), S. 103---Making or possessing explosives under suspicious circumstances, act of terrorism---appreciation of evidence---Non-production of police roznamcha--- Effect--- Non-association of private witnesses--- Scope---Prosecution case was that during interrogation of another criminal case, the accused disclosed that he had hidden one country made bomb behind the wall outside his house for blast and then he volunteered to produce the same before complainant party---accused was convicted and sentenced to suffer imprisonment for fourteen years---Roznamcha entry under which the police party left police station had not been produced/tendered in evidence to show the police movement---Non-production of entry in roznamcha by the prosecution in court to prove the movement of police from the police station to the place of recovery of weapons cut at the root of the prosecution case making the entire episode doubtful and the prosecution version unbelievable---Evidence showed that the place of incident was a thickly populated area and people were available there but despite that fact, police party did not associate any independent person of the locality to witness the recovery proceedings either from the CIa centre from where they took the accused or from the place where the alleged recovery was said to have been affected---Circumstances established that Trial Court acted erroneously in the matter, with misconception and misinterpretation and disposed of the matter purely on non-appreciation and non-application of the required norms of law and justice---appeal against conviction was allowed, in circumstances.

Back to the case-law library · Search Pakistani case law in Urdu or English