MUHAMMAD UMAR vs VIIITH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HYDERABAD S

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MUHAMMAD UMAR VS VIIITH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HYDERABAD S. 489-B---Using counterfeit currency notes as genuine---Appreciation of evidence---Benefit of doubt---Delay in sending the recovered currency notes for verification---Scope---Prosecution case was that two fake prize bonds and fake 100 currency notes of Rs. 5000/- denomination each and 100 currency notes of Rs. 1000/- denomination each were recovered from the possession of the accused---Investigating Officer, in his evidence, deposed that he received along with mashirnama of arrest and recovery including case property in sealed condition for the purpose of conducting investigation---Investigating Officer further deposed that he sent currency notes allegedly recovered from the possession of accused to State Bank of Pakistan for verification through letter which had been shown to have received in the Office of Chief Manager, State Bank of Pakistan and the certificate was issued---In said circumstances, if counted from the date of receipt of the letter sent by Investigating Officer for verification, it seemed that there was delay of about eleven days in sending the alleged fake currency notes to the State Bank---If the period was counted even from the date of the letter through which such currency notes etc. were sent to State Bank, even then there was unexplained delay of at least three days---Investigating Officer had not said a single word that during the intervening period the alleged recovered currency notes and prize bonds were kept in safe custody---Certificate of State Bank had lost its evidentiary value---Circumstances established that the prosecution had not succeeded in proving its case against the accused beyond any shadow of reasonable doubt---Appeal was allowed and accused was acquitted by setting aside conviction and sentence recorded by the Trial Court.

MUHAMMAD UMAR vs VIIITH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HYDERABAD S — 2024 PCrLJ 326 KARACHI-HIGH-COURT-SINDH

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