Ghulam Rasool Rabbani vs State Ss — 2024 MLD 1063 KARACHI-HIGH-COURT-SINDH

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Ghulam Rasool Rabbani VS State Ss. 11-F(i), 11-J(ii), 11-Q & 11-N---Collecting funds for a proscribed organization---Appreciation of evidence---Benefit of doubt---Recovery of receipt of funds---Accused was charged for collecting funds being related to a proscribed organization for terrorism activities---As per the case of the prosecution at the time of arrest of the accused some articles which included receipt of the funds/chanda were recovered from the accused and were exhibited in evidence through mashir to prove the case, but Investigation Officer failed to collect evidence in respect of donors and the names of the persons who donated the funds, nor the amount on receipt was disclosed by the prosecution---In one receipt it was stated that amount of Rs. 500/- was donated by Jamia Masjid but the Investigation Officer had not inquired from the said donor to prove that the amount of Rs. 500/- was donated to the accused by the said donor---Investigation Officer also stated that the wife of the accused herself produced certain documents which included one chanda book in the name of Baab-ul-Harmain Shareefain, out of which one receipt was issued but the amount and the name of such donor was also not disclosed by the mashir and the Investigation Officer---Mashir also admitted during cross-examination that the chanda receipts recovered from the accused at the time of his arrest were not related to proscribed organization---Receipts were also not sent by the Investigation Officer to the handwriting expert to prove that the handwriting on the receipt was of the accused---Investigation Officer admitted that no monogram or name of banned organization was available upon the receipts which were recovered during arrest of the accused---Appeal was allowed, in circumstances.

Ghulam Rasool Rabbani vs State Ss — 2024 MLD 1063 KARACHI-HIGH-COURT-SINDH

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