MUHAMMAD TOUQEER vs State Ss — 2023 YLRN 40 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.

MUHAMMAD TOUQEER VS State Ss. 489-a, 489-B, 489-C & 34---Counterfeiting currency notes or Bank notes, Using as genuine forged or counterfeit currency notes or Bank-notes, possession of forged or counterfeit currency notes or mark notes, common intention---appreciation of evidence---Benefit of doubt---Scope---accused were found in possession of counterfeit currency notes and US Dollars which they used to exchange with the public---Record showed that the examination-in-chief of one witness was conducted but his cross-examination was not conducted and he was given up by the prosecution for the reasons best known to it which created reasonable doubt in the prosecution case---No customer was found available there, though as per prosecution case, accused admitted that they used to exchange these fake currency notes with simple persons---Complainant in his cross-examination had admitted that FIR was lodged prior to verification report from the State Bank hence mala fide was abvious---Furthermore, no investigation with regard to the alleged motorcycle used by accused in the commission of offence had been made nor the owner of said motorcycle was made as an accused in the case while it was seized under S. 550, Cr.P.C.---Discrepancies and flaws in the evidence of complainant and mashir of arrest and recovery was noticed---all the said factors suggested the false implication of accused persons in the case which could not be ruled out---Perusal of the material available on record further revealed that neither there was any source of information regarding the possession of counterfeit currency and prize bonds by the accused persons nor any complaint was made by any person against accused persons---Witnesses had also not deposed about the numbers of counterfeit currency and prize bonds in their evidence---allegedly, the currency notes were recovered from the possession of accused though they had denied the said recovery, but prosecution had failed to establish that the accused were intending to use those notes or attempted to pass on the same to anybody else, as such element of criminal mens rea was entirely missing---Onus lay on the prosecution to prove circumstances which lead clearly, undoubtedly and irresistibly to the inference that the accused had the intention to foist the notes on the public---Circumstances established that the prosecution had failed to bring guilt at home---appeal against conviction was allowed, in circumstances.

MUHAMMAD TOUQEER vs State Ss — 2023 YLRN 40 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported