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MIR MUHAMMAD vs State S — 2024 PCrLJ 370 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 370 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
MIR MUHAMMAD vs State S
Subject matter
Criminal
Provisions referred to
S. 9; S. 342---P; S. 342; Criminal Procedure Code (V of 1898)

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

MIR MUHAMMAD VS State S. 9(c)---Criminal Procedure Code (V of 1898), S. 342---Possession of narcotic---Appreciation of evidence---Defence pleas not considered by Trial Court---Twenty eight kilograms charas was recovered from the vehicle of the accused persons---Accused persons in their statements recorded under S. 342, Cr.P.C., had also taken defence pleas---Accused stated that he had been falsely implicated in the case at hand at the instance of his uncle with whom he had property dispute---Similarly, other accused took the plea that he had some business transaction with one Mr. "F" and on demand of his outstanding amount of Rs.7,00,000/- he had been involved in the case---Another accused also stated that he contracted love marriage with Mst. "Z" hence his in-laws being antagonized of such marriage had falsely implicated him in this case---Number of documents had been annexed with their respective statements to prove their innocence but the same were not considered by the Trial Court---If the specific allegation of animosity was leveled against the complainant, the prosecution should be more careful in respect of establishing the case and some private and independent witness ought to have been examined---Non-examination of private and independent witness had thrown thick clouds of doubt on the entire prosecution case---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 PCRLJ

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