MOHSIN alias MULLAN vs State Ss — 2023 PCrLJN 50 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MOHSIN alias MULLAN VS State Ss. 269, 270 & 337-J---Criminal Procedure Code (V of 1898), S. 103---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Negligent act likely to spread infection of disease dangerous to life, malignant act likely to spread infection of disease dangerous to life, causing hurt by means of poison; search to be made in presence of witnesses; withholding best evidence---Appreciation of evidence---Complainant acting as Investigating Officer---Effect---Contradictory statements---Non-examination of sample-bearer the item---Scope---Accused was convicted for having been found in possession of gutka---Place of arrest was a thickly populated area and was surrounded by shops and houses but despite that fact the complainant failed to take services of an independent person of the locality to witness the event---Statements of witnesses were contradictory to each other on material particulars of the case---Sample-bearer was not examined---Complainant himself had investigated the case---Although, no specific bar existed against the complainant who was also Investigating Officer of the case but being the complainant, it could not be expected that an Investigating Officer would collect any material which went against the prosecution or give any benefit to the accused---Nothing was available on record to show that the hazardous or poisonous substance was administered to anybody at the hands of accused---Appeal was allowed and impugned judgment was set aside.

MOHSIN alias MULLAN vs State Ss — 2023 PCrLJN 50 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported