AYAZ HUSSAIN vs State S — 2023 YLR 242 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 242 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: AYAZ HUSSAIN vs State S
Subject matter: Criminal
Provisions referred to: S. 9; S. 103---P; S. 161; 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

AYAZ HUSSAIN VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotics---Appreciation of evidence---Contradictions in the statements of witnesses---Scope---Prosecution case was that 4000 grams charas was recovered from the plastic bag of the accused---Material contradictions existed in the evidence of the prosecution case such as mashir in his cross-examination had deposed that private vehicle was of black colour 2-D corolla car, however, in his same statement said witness deposed that private car was arranged from friend of complainant and it was white colour car---Investigating Officer of the case had admitted in his cross-examination that his signature on mashirnama of place of incident was different from his signature on statement under S.161, Cr.P.C.---Investigating Officer had not recorded entry in daily diary about his departure from Police Station for inspection of place of incident---Complainant had also contradicted mashir with regard to colour of the private car by saying that it was coure car---Registration number, colour and make of private vehicle was not mentioned in daily entry and FIR and it was grey colour car---Said witness had also admitted by saying that he had not shown place of incident to Investigating Officer---Material contradictions in the evidence of complainant and mashir of arrest and recovery on the material aspects of the case existed---Circumstances established that prosecution had failed to prove its case against the accused---Appeal was allowed and accused was acquitted by setting aside conviction and sentence recorded by the Trial Court.

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