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---Accused was charged for collecting funds being related to proscribed organization for terrorism activities---First Information Report was registered on the basis of intelligence report, as mentioned in the F.I.R and deposed by the complainant before the Trial Court, however, said intelligence report was not produced by the prosecution before the Trial Court nor was there any evidence that it was collected by the Investigation Officer during the investigation of the case---Name of accused had not transpired in the FIR and there was no allegation that the accused was collecting the funds for the proscribed organization---Prosecution also failed to establish that by whom the intelligence report was prepared and the same person was not called as a witness---Complainant during cross-examination admitted that he had gone through the contents of intelligence report for about 10/15 minutes and no specific name of any person was available in such intelligence report---Complainant further admitted in his cross-examination that no specific material regarding proscribed organization was obtained during site inspection of the concerned Masjid which he conducted after the registration of FIR---After the FIR Investigation Officer proceeded towards the Masjid/Madressah and as per his deposition accused was not available in the Masjid and he knocked the door of the house adjacent to Masjid and collected some documents from the wife of the accused---Said female was not examined by the Investigation Officer nor was she produced before the Trial Court---Investigation Officer also captured some photographs of the Masjid and the same were exhibited in the evidence before the Trial Court but he did not collect any material which reflected that the said Masjid belonged to any banned organization or was being used by the same---Photographs so captured by the Investigation Officer also did not indicate any substance in respect of any connection with the banned organization---Investigation Officer examined two private persons but only one was examined who also had not disclosed a single word in his evidence to the effect that accused was collecting funds for proscribed organization---During cross-examination said witness stated that he did not know whether accused belonged to Ahl-e-Hadees sect, which reflected that said witness was not in knowledge that to which sect or organization accused belonged---Except said witness, the prosecution had no witness who testified that the accused belonged to banned organization, and evidence of said witness was not of such standard to maintain conviction---Appeal was allowed, in circumstances.

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

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