Ramesh Kumar vs State Ss — 2024 MLD 608 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 608 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: Ramesh Kumar vs State Ss
Subject matter: Criminal
Provisions referred to: S. 342

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

Ramesh Kumar VS State Ss. 4 & 5---anti-Terrorism act (XXVII of 1997), Ss. 7 & 25 ---Recovery of explosive substance, act of terrorism---appreciation of evidence---Benefit of doubt---Police Officials as witnesses---False implication, plea of---Prosecution case was that two hand grenades were recovered from the accused after a raid based on spy information---No doubt, evidence of the Police Officials cannot be discarded simply because they belonged to police force; however, where the fate of the accused persons hinges upon the testimony of Police Officials alone, it is necessary to find out if there is any possibility of securing independent persons at the time---In the present case, SHO had prior information, it was not difficult for him to call independent persons but he deliberately avoided to do so---No reliance can be placed upon the evidence of the Police Officials without independent corroboration, which was lacking in the present case, particularly, when appellant/ accused in his statement recorded under S. 342, Cr.P.C., had claimed false implication---In said circumstances, evidence of the police officials without independent corroboration would be unsafe for maintaining the conviction---Judicial approach has to be cautious in dealing with such evidence---Circumstances established that the prosecution had failed to bring home the guilt of accused---appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 MLD

2024 MLD 608 KARACHI-HIGH-COURT-SINDHRamesh Kumar VS State Benefit of doubt---While giving the benefit of doubt to an accused it is not necessary that there should be many circu…
2024 MLD 474 KARACHI-HIGH-COURT-SINDHMOHAMMAD DANISH REHMANI VS State Ss.302, 119, 109 & 34---anti-Terrorism act (XXVII of 1997), S.7---Sindh arms act (V of 2013), S. 23(1)(a)--…
2024 MLD 1359 KARACHI-HIGH-COURT-SINDHBehram Jakhro VS State Ss. 498 & 497---Cancellation of bail---Principles for cancellation/recalling of bail---Bail may be cancelled (i) if t…
2024 MLD 1237 KARACHI-HIGH-COURT-SINDHZulfiqar Ahmed VS Muhammad Nadeem Purpose---at times, while lodging of criminal cases, wider net is cast to implicate an accused including o…
2024 MLD 862 KARACHI-HIGH-COURT-SINDHMuhammad Ali VS State Ss. 324 & 353--- Sindh arms act (V of 2013), S. 23 (1)(a)--- attempt to qatl-i-amd, police encounter and recovery of f…
2024 MLD 1394 Gilgit-Baltistan Chief CourtMoatabar Khan VS Zaheer Abbas S. 497(5)---Cancellation of bail---Grounds---Bail may be cancelled (i) if bail granting order is patently ille…

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